Section Puc 807.07 - Civil Penalties(a) If the commission or designated commission staff within the division of safety finds reason to issue an NOV, the commission or designated commission staff shall propose to assess a civil penalty pursuant to RSA 374:55.(b) In determining the assessment, the following factors shall be considered: (1) The severity of the consequences resulting from the violation such that the more severe the consequences, the higher the civil penalty, the gravity of the violation, degree of culpability of the respondent, cooperativeness of respondent, history of prior violations, and other factors which would tend to aggravate fault; and(2) Mitigating circumstances, such as how quickly the excavator took action to rectify the situation, how much control the excavator had over the situation, and other circumstance which would tend to lessen fault.N.H. Admin. Code § Puc 807.07
#7900, eff 5-29-03; ss by #9318, eff 11-8-08
Amended by Volume XXXVII Number 10, Filed March 9, 2017, Proposed by #12102, Effective 2/8/2017, Expires 2/8/2027.