Section Puc 2005.01 - Assessment of Fines Through Notice of Violation(a) If the commission or the commission's division that processes customer complaints, after reviewing evidence and testimony obtained in writing or conferences, determines that a sanctionable event has occurred for which the assessment of fines would serve a punitive or deterrent purpose, the commission or that division shall issue a notice of violation (NOV) to the CEPS or aggregator.(b) The NOV so issued shall include the following:(1) The factual basis and the statutory or regulatory basis for the preliminary determination that a sanctionable event has occurred;(2) The fines proposed to be assessed, which shall not exceed $1,000.00 per day for each sanctionable event;(3) Procedures for remitting payment of the assessed fines; and(4) The right of the CEPS or aggregator to file a request in writing for a hearing before the commission, under (c)(2) below.(c) Within 15 business days following the date of issuance of the NOV, the CEPS or aggregator to which the NOV was issued shall:(1) Sign a consent agreement and remit the assessed fines to the commission;(2) File a request in writing for a hearing before the commission with respect to the sanctionable event described in the NOV; or(3) Be deemed to have agreed to the findings described in the NOV and the fines assessed under the NOV, if the CEPS or aggregator failed to respond to the NOV within such 15 business day period.(d) Upon such a hearing request, the commission shall provide the CEPS or aggregator with notice and an opportunity for a hearing, to be held pursuant to Chapter Puc 200.(e) At the hearing, the CEPS or aggregator may demonstrate with evidence that the determination in the NOV that a sanctionable event has occurred is incorrect or that the level of fines proposed to be assessed is excessive.(f) If the commission finds, after the hearing and based on the record in the proceeding and after consideration of the factors described in Puc 2005.05, that the sanctionable event has occurred with respect to the CEPS or aggregator, the commission shall assess against the CEPS or aggregator the proposed fines recommended in the NOV or such greater or lesser fines, not to exceed $1,000.00 per day for each sanctionable event, as the commission finds to be necessary to serve the punitive or deterrent purposes.N.H. Admin. Code § Puc 2005.01
#7758, eff 9-4-02; ss by #9774-A, eff 8-26-10
Amended by Volume XXXVII Number 37, Filed September 14, 2017, Proposed by #12372, Effective 11/1/2017, Expires 11/1/2027.