Section Plc 706.03 - 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 314 and Plc 700 shall be imposed in accordance with the following schedule, to a maximum of $2,000 per violation: (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 electrology, the fine shall be $2,000;(3) For practicing electrology outside the confines of the office or offices approved by the executive director, the fine shall be $500 for each occurrence;(4) For any violation of Plc 707.07 relative to prohibited treatment, the fine shall be $500 for each violation;(5) For practicing electrology in New Hampshire without a New Hampshire license, the fine shall be $1,000 for each month or portion thereof the practice occurs;(6) For failing to notify the executive director within 10 working days of a change in home or office address or personal email address or telephone number as required by Plc 705.05(a), the fine shall be $25 for each month or portion thereof the information is not provided;(7) For refusing to allow an electrology office inspection, the fine shall be $750 for each inspection not allowed;(8) For failing to make available the original continuing education records as required by Plc 705.06(c)(2), the fine shall be $250 for each record not provided;(9) For failing to make available the original results of each biological indicator test, in accordance with Plc 707.06(e), the fine shall be $250 for each test for which the original results are not provided;(11) For failure to perform semiannual biological indicator tests on each sterilizer, in accordance with Plc 707.06(a) and (b), the fine shall be $1,000 for each test missed;(12) For using sterilization equipment after a biological indicator test failure prior to correcting the malfunction and obtaining a passing test in violation of Plc 707.05(c) and Plc 707.06(c), the fine shall be $2,000 for each use; and(13) For failure to disclose information requested by the executive director to enable the executive director to determine compliance with RSA 314 and Plc 700 during an investigation, the fine shall be $750 for each failure to disclose.(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 no more than $2,000 for each violation and 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 314:13, II, the imposition of an administrative fine shall not preclude the imposition of further penalties or administrative actions under RSA 314.N.H. Admin. Code § Plc 706.03
Derived from Volume XLII Number 49, Filed December 8, 2022, Proposed by #13495, Effective 12/22/2022, Expires 12/22/2032 (see Revision Note at chapter heading for Plc 700).