Section Plc 1208.05 - 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) Administrative fines for violations of RSA 310-A:161-181 and Plc 1200 shall not exceed the following amounts, and in no event shall exceed $2,000 per violation: (1) When no violation of the same type has occurred during a period of licensure within the 5 years preceding the executive director's notice to the respondent, the fine assessed shall not exceed $100 per day or $500 per violation, whichever is greater;(2) When a single violation of the same type has occurred during a period of licensure within the 5 years preceding the executive director's notice to the respondent, the fine assessed shall not exceed $200 per day or $1,500 per violation, whichever is greater;(3) When more than one violation of the same type has occurred during a period of licensure within the 5 years preceding the executive director's notice to the respondent, the fine assessed shall not exceed $200 per day or $2,000 per offense whichever is greater; and(4) In the case of repeated violations, a separate fine shall be assessed for each occurrence of the violation, but the total amount of the fine and the respondent's promptness and cooperativeness in ceasing the prohibited conduct in question shall be considered in assessing the daily fines.(e) A single course of continuing conduct shall be treated as a single violation for purposes of Plc 1208.03(d)(1), (2), and (3).(f) Nonpayment of a fine by a licensee or respondent in contravention of an order, agreement, or promise to pay shall be: (1) A separate ground for discipline;(2) A basis for denying a subsequent license or renewal application; or(3) A basis for judicial action seeking to collect the fine.N.H. Admin. Code § Plc 1208.05
Derived from Number 6, Filed February 9, 2023, Proposed by #13547, Effective 2/1/2023, Expires 7/31/2023.Derived from Number 32, Filed August 10, 2023, Proposed by #13704, Effective 8/1/2023, Expires 8/1/2033 (See Revision Note at chapter heading for Plc 1200).