New Hampshire Code of Administrative Rules
Agr - Commissioner, Department of Agriculture, Markets, and Food
Chapter Agr 1400 - WEIGHTS AND MEASURES
Part Agr 1411 - VIOLATIONS OF RSA 438:40, I AND OF ADMINISTRATIVE WEIGHTS AND MEASURES RULES; WRITTEN WARNINGS OF VIOLATION; ADMINISTRATIVE FINES
Section Agr 1411.04 - Notices of Administrative Fines
Universal Citation: NH Admin Rules Agr 1411.04
Current through Register No. 40, October 3, 2024
(a) The division shall deliver in hand or by certified mail a notice of administrative fine to any individual or entity who:
(1) Has, for
the second time, done an act or omission prohibited by
RSA 438:40,
I;
(2) Has, for the second time, violated a
weights and measures administrative rule;
(3) Is subject to an administrative fine
under
Agr
1411.02(c); or
(4) Is subject to an administrative fine
under
Agr
1411.03(b).
(b) The recipient of a notice of administrative fine shall reply by delivering or mailing to the division a signed writing:
(1) By the date specified on
the notice; and
(2) Either:
a. Consenting to the imposition of the fine
and enclosing payment in the amount of the fine; or
b. Objecting to the imposition of the
fine.
(c) The division shall interpret an objection submitted in accordance with (b)(2)b. above to be:
(1) A challenge to the
allegation of violation or to the fine or both; and
(2) A request for an adjudicative hearing
pursuant to Agr 200 on the allegation of violation or the fine or
both.
(See Revision Note at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
New. #9639, eff 1-20-10
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