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 1411.07 - Schedule of Administrative Fines

Universal Citation: NH Admin Rules Agr 1411.07

Current through Register No. 40, October 3, 2024

(a) The following principles shall apply to the fines set forth in (c) through (g) below:

(1) No first instance of violation of any provision of RSA 438:40, I or violation of a weights and measures administrative rule shall be considered a "first offense" except as set forth in Agr 1411.02(c) and Agr 1411.03(b); and

(2) Except as stated in (b) below, offenses shall be numbered by frequency of occurrence within a 12-month period, so that, for example, a second offense done more than 12 months after a first offense of the same description shall be considered a "first offense".

(b) If an individual or entity has done the same offense 3 times within a 5-year period, the offense shall not be protected by the 12-month rule in (a)(2) above, but shall be considered a "third offense".

(c) Administrative fines for acts or omissions prohibited by RSA 438:40, I or by a weights and measure administrative rule shall be:

(1) For a first offense, $250;

(2) For a second offense, $500; and

(3) For a third offense, $1,000.

(d) Administrative fines for such acts or omissions which have no pecuniary impact or potential for pecuniary impact on anyone, excepting the failure to hold a currently valid license or certificate of registration if legally obligated to hold one, shall be:

(1) For a first offense, $150;

(2) For a second offense, $300; and

(3) For a third offense, $600.

(e) Administrative fines for failure to hold a currently valid license or certificate of registration if legally obligated to hold one shall be:

(1) For a first offense, $250;

(2) For a second offense, $500; and

(3) For a third offense, $1,000.

(f) Administrative fines for impersonating a division inspector or hindering an inspector in the performance of his or her official duties shall be:

(1) For a first offense, $250;

(2) For a second offense, $500; and

(3) For a third offense, $1,000.

(g) Administrative fines for falsifying an application for a license or certificate of registration, falsifying a weight certificate, falsifying any report required to be submitted to the division by service technicians or falsifying any other document required to be submitted to the division shall be:

(1) For a first offense, $250;

(2) For a second offense, $500; and

(3) For a third offense, $1,000.

(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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