Section Plc 1106.03 - Administrative Fines(a) The executive director shall issue a written notice to any individual proposed to be subjected to an administrative fine that notifies the individual: (1) Of the violation(s) for which the administrative fine is proposed;(2) Of the amount of the proposed administrative fine;(3) That the individual may request a hearing prior to the imposition of the fine; and(4) Of the deadline for requesting a hearing, which shall be no sooner than 20 days from the date of the notice.(b) If the recipient of the notice requests a hearing, the hearing shall be conducted in accordance with the provisions in Plc 200 and RSA 541-A that govern adjudicative proceedings.(c) The individual may choose to waive the right to a hearing and pay the proposed fine, in which case the fine shall be paid to and received by the executive director within 30 days of receipt of the notice.(d) Fines for violations of RSA 328-H and Plc 1100 shall be imposed in accordance with the following schedule, not to exceed $2,000: (1) For submitting false or fraudulent information on or with an application, the fine shall be $2,000;(2) For falsification of a license to practice reflexology, structural integration, or Asian bodywork therapy, the fine shall be $2,000;(3) For practicing or advertising reflexology, structural integration, or Asian bodywork therapy without having an active New Hampshire license, the fine shall be $1,000 per month or portion thereof the practice or advertising occurs;(4) For failing to cooperate during an investigation, the fine shall be $750;(5) For committing an act or acts of inappropriate sexual contact, the fine shall be $2,000 for each offense;(6) For continuing to practice in New Hampshire after failing to maintain national certification in accordance with RSA 328-H:10, I, the fine shall be $1,000 per month or portion thereof the practice occurs;(7) For failing to notify the executive director within 10 working days of the expiration, suspension, or revocation of the licensee's national certification, the fine shall be $250 per month or portion thereof the notification is late;(8) For failing to notify the executive director within 10 working days when a change of home or business address or change in personal telephone number or email address occurs, the fine shall be $25 per month or portion thereof the notification is late; and(9) For failing to notify the executive director within 10 working days of any disciplinary action, including the imposition of fines or penalties, taken against the licensee by another jurisdiction in which the licensee is licensed, the fine shall be $250 per month or portion thereof the notification is late.(e) If the executive director believes a fine is appropriate for a violation that is not included in (d), above, the amount of the fine to be sought shall be scaled to reflect the scope and severity of the violation based on:(1) How much the violation deviated from the requirement;(2) Whether the violation was committed negligently, recklessly, or intentionally; and(3) The extent of harm or potential for harm that occurred.(f) As provided in RSA 328-H:15, the imposition of an administrative fine shall not preclude the imposition of further penalties or administrative actions under RSA 328-H.N.H. Admin. Code § Plc 1106.03
Derived from Volume XLII Number 28, Filed July 14, 2022, Proposed by #13391, Effective 5/27/2022, Expires 5/27/2032 (See Revision Note at chapter heading for Plc 1100).