Section Ph 710.02 - Severity of Fine(a) The decision to impose a fine and the amount of such fine shall depend on: (1) The severity of harm to the public posed by the violation(s);(2) The number of concurrent and/or repeated violations; and(3) The frequency of violations committed by the particular licensee, permit holder, or other person.(b) When no violation of the same type has occurred within the 5 years preceding the board's notice to the respondent, the fine assessed shall not exceed $1,000 per violation upon the licensee and/or $2,000 per violation upon the permit holder.(c) When a single disciplinary infraction of the same type has occurred within the 5 years preceding the board's notice to the licensee, the fine assessed shall not exceed $2,000 per violation upon the licensee and/or $3,000 per violation upon the permit holder.(d) When more than one disciplinary infraction of the same type has occurred within the 5 years preceding the board's notice to the licensee, the fine assessed shall not exceed $3,000 per violation upon the licensee and/or $5,000 per violation upon the permit holder.(e) In the case of continuing violations, a separate fine shall be assessed for each day the violation continues, but the total amount of the fine and the licensee's promptness and cooperativeness in ceasing the prohibited conduct in question shall be considered in assessing the daily fines.(f) In all cases, the board shall consider: (1) The nature of the offense;(2) The purpose of the rule or statute violated;(3) The licensee's state of mind at the time the offense occurred;(4) The potential harm to the public health;(5) The deterrent effect upon other practitioners;(6) The licensee's willingness to cooperate with the board;(7) The cost to the board of any formal disciplinary hearings which were necessary;(8) The licensee's acknowledgment of his or her wrongdoing; and(9) The nature of any other disciplinary sanctions imposed as a result of the offense in question.N.H. Admin. Code § Ph 710.02
#4600, eff 8-1-89; ss by #6094-B, INTERIM, eff 9-21-95, EXPIRED: 1-19-96
New. #6181-B, eff 2-5-96, EXPIRED: 2-5-04
New. #8316, eff 3-26-05
Amended by Volume XXXV, Number 32 Filed August 13, 2015, Proposed by #10903, Effective 8/5/2015, Expires8/5/2025.