Section We 901.02 - Administrative Fine AdjustmentsFollowing an appeal hearing pursuant to RSA 482-B:8, II, before the board, the board shall take one of the following actions:
(a) Affirm the commissioner's decision;(b) Overturn the commissioner's decision based upon testimony presented at the hearing establishing the existence of one or more of the following criteria: (1) The decision was contrary to statute or rules;(2) The decision was arbitrary or capricious;(3) A good faith effort was made to comply with RSA 482-B and these rules; or(4) Any other unique or compelling circumstances clearly stated in the record of the hearing.(c) Increase the fine based upon testimony presented at the hearing establishing the existence of one or more of the following criteria:(2) There is a history of noncompliance; or(3) Any other unique or compelling circumstances exist that are clearly stated in the record of the hearing; or(d) Decrease the fine based upon testimony presented at the hearing establishing the existence of one or more of the following criteria: (1) A good faith effort was made to comply with the requirements of RSA 482-B and the rules of the board;(2) There is no previous history of non-compliance;(3) The proposed fine amount would result in undue hardship as specified in RSA 482-B:13; or(4) Any other unique or compelling circumstances exist that are clearly stated in the record of the hearing.N.H. Admin. Code § We 901.02
#4549, eff 1-1-89; ss by #4730, eff 1-15-90; ss by #4898, eff 8-13-90; EXPIRED: 8-13-96
New. #6327, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
New. #6449, eff 1-29-97; ss by #7307, eff 6-13-00; ss by #9179, eff 6-13-08
Amended by Volume XXXVII Number 2, Filed January 12, 2017, Proposed by #12083, Effective 3/1/2017, Expires 3/1/2027.