New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 1600 - LEAD POISONING PREVENTION AND CONTROL
Part He-P 1606 - ENFORCEMENT ACTIONS
Section He-P 1606.01 - Administrative Fines
Universal Citation: NH Admin Rules He-P 1606.01
Current through Register No. 40, October 3, 2024
(a) The department shall impose an administrative fine upon an owner, applicant, licensee, certificate holder, or an unlicensed or uncertified individual for violations of RSA 130-A, "Lead Paint Poisoning Prevention" or He-P 1600, "Lead Poisoning Prevention and Control Rules."
(b) When the department imposes an administrative fine, it shall provide written notice, pursuant to RSA 130-A:7 and RSA 130-A:14, as applicable, which:
(1) Identifies the specific statute or rule
that has been violated;
(2)
Identifies the specific sanction(s) that has been imposed; and
(3) Provides the following information:
a. The right to a hearing in accordance with
RSA 541-A and He-C 200; and
b. The
reduction of the imposed administrative fine by 25% if fine payment is received
by the department within 10 business days of receipt of the notice of the
violation, basis and amount of the administrative fine, and the owner,
applicant, licensee, certificate holder, or unlicensed or uncertified
individual waives the right to appeal the administrative fine.
(c) Payment of any imposed administrative fine to the department shall meet the following requirements:
(1) Payment shall be received
by the department within 10 business days of receiving the fine notice if a
person does not appeal the imposed fine as described in
He-P
1607.01;
(2) Payment shall be made in the form of
personal check or money order made payable to "Treasurer, State of New
Hampshire"; and
(3) Money order or
certified bank check shall be required when any past payment to the department
by personal check has been returned for insufficient funds.
(d) A person may appeal the notice of administrative fine within 10 business days as set forth in He-P 1607.01.
(e) A person may waive the right of appeal of the notice of administrative fine and pay the administrative fine within 10 business days of the date of receipt of the notice.
(f) Any hearing held on an appeal under this section shall be conducted in accordance with RSA 541-A and He-C 200.
(g) An administrative fine, which is appealed and upheld, shall be paid in full within 10 business days of the date of the decision of the administrative appeals unit (AAU).
(h) The department shall impose administrative fines as follows:
(1) For
renting a residential dwelling or dwelling unit under a written order by the
commissioner or health authority for lead hazard reduction, without a valid and
current certificate of lead safe-abatement or certificate of lead safe-interim
controls, in violation of
RSA 130-A:8-a, III and
IV, the fine shall be $5,000.00;
(2) For re-renting a residential dwelling or
dwelling unit subject to an investigation, after being notified of an impending
inspection in violation of
He-P
1604.03(b)(1), the fine shall be
$5,000.00;
(3) For the failure to
disclose, in writing, the existence of an order of lead hazard reduction prior
to the sale, lease, rental, or transfer of interest of the property in
violation of
RSA 130-A:8-a,
V, the administrative fine shall be
$2,000.00;
(4) For conducting
blood lead analysis without a valid New Hampshire laboratory license, CLIA
Certification, or both, whichever is applicable, in violation of
He-P
1603.01, the administrative fine shall be
$1,000.00;
(5) For the failure of a
laboratory to report all the information required by
He-P
1603.02(f)(1)-(20) to the department,
the administrative fine shall be $250.00 for each missing item and each
incorrect item provided from the information in a blood lead analysis;
(6) For failure of any laboratory
to report all the information electronically as required in
He-P
1603.02(b)(1)-(4) to the department,
the administrative fine shall be $250.00 for each submission;
(7) For failure by a laboratory to report
results of blood lead analysis within the timelines required in violation of
He-P
1603.02(h), the administrative fine
shall be $200.00 for each submission;
(8) For failure to provide the commissioner
with all requested information as required by
He-P
1604.02, the administrative fine shall be $250.00.
Each day the requested information is not provided to the department shall be
considered a separate offense and subject to an additional $250.00 fine;
(9) For initiating or performing
any remodeling, renovating, maintenance, lead hazard reduction work, or any
other dust generating activities after being notified that an environmental
inspection shall occur, in violation of
He-P
1604.03(b)(2), the administrative
fine shall be $5,000.00;
(10) For
initiating or performing any remodeling, renovating, maintenance, lead hazard
reduction work, or any other dust generating activities prior to the receipt of
a written report from the commissioner or in violation of any order(s) issued
on the dwelling or dwelling unit, in violation of
He-P
1604.03(b), the administrative fine
shall be $5,000.00;
(11) For
failure by an owner or owner's agent to allow access, or to arrange access, to
a dwelling, dwelling unit, child care facility, or units within a multi-family
dwelling for purposes of investigation, in violation of
He-P 1604.03(c)(2) and
(e) (1), the administrative fine shall be
$500.00;
(12) For failure by an
owner or owner's agent to submit a "Tenant Roster Form" (May 2020) to the
department at least 24 hours prior to an environmental investigation as
required by
He-P
1604.03(b)(3), the administrative
fine shall be $250.00;
(13) For
failure to comply with an order of lead hazard reduction issued in accordance
with
He-P
1605.01, the administrative fine shall be $1,000.00.
Each day the order remains in noncompliance shall be considered a separate
offense subject to an additional $1,000.00 fine;
(14) For conducting lead hazard reduction
work that requires a written variance from the department prior to receiving
the department's written decision, in violation of
He-P
1605.03(i), the administrative fine
shall be $1,000.00;
(15) For
failure to pay an administrative fine within 10 business days, in violation of
He-P 1606.01(c)(1), the fine shall be $250.00;
(16) For performing the duties of a lead
professional without a current license, certificate, or a variance from the
department, in violation of He-P 1612, licensure and certification criteria for
lead professionals, the administrative fine shall be $750.00 per person per
instance;
(17) For failure to
submit a "Notification of Work Form" (May 2020) including copies of the
occupant protection plan and work scope for the project as required by
He-P 1608.06, the
administrative fine shall be $250.00. Each day abatement activities are being
performed and the "Notification of Work Form" (May 2020) and attachments are
not provided to the department shall be considered a separate offense and
subject to an additional $250.00 fine;
(18) For failure to prepare the work area in
a manner which prevents the escape of lead contaminated materials, in violation
of
He-P
1608.07 and
He-P
1608.08, the administrative fine shall be $500.00 per
occurrence;
(19) For failure to
contain lead-based substances or lead contaminated material in the work area in
violation of
He-P
1608.09(a), the administrative fine
shall be $1,000.00;
(20) For
failure to comply with worker safety requirements, in violation of
He-P 1608.09(b) -
(d), the administrative fine shall be
$500.00;
(21) For failure to
provide for the safety of the building's occupants during lead hazard reduction
work, in violation of
He-P 1608.10(a) and
(e), the administrative fine shall be
$1,000.00;
(22) For failure to
ensure the maintenance of an accurate record of individuals entering and
exiting a lead hazard reduction work area, as required by
He-P 1608.10(b) -
(c), the administrative fine shall be
$200.00;
(23) For failure to clean
up and dispose of waste in accordance with
He-P 1608.11(a) -
(f), the administrative fine shall be
$1,000.00;
(24) For issuing a
certificate as described in
He-P 1608.14 without
complying with all of the requirements of a clearance inspection or issuance of
a certificate, in violation of
He-P
1608.12 or
He-P 1608.14 the
administrative fine shall be $2,000.00;
(25) For failure to have a preliminary
clearance inspection conducted, if required, in accordance with
He-P
1608.12(b), the administrative fine
shall be $500.00;
(26) For failure
to submit to the department results of notification of a passing preliminary
clearance inspection prior to allowing unlicensed workers on site as required
by
He-P 1608.12(d)
(6) the administrative fine shall be $250.00;
(27) For failure of a risk
assessor to submit a copy of a full written clearance inspection report to the
department as required by
He-P
1608.12(t)(3)(c), the administrative
fine shall be $250.00;
(28) For
failure of a risk assessor to submit a copy of the risk assessment report
within 10 calendar days of the risk assessment and receipt of the results of
any samples analyzed by an environmental laboratory as required by
He-P
1608.03(d) the administrative fine
shall be $250.00;
(29) For
beginning lead hazard reduction work without an occupant protection plan
written in accordance with
He-P
1608.05 the administrative fine shall be
$500.00;
(30) For failure to follow
the occupant protection plan specific to the dwelling, dwelling unit, or child
care facility as approved and submitted to the department in accordance with
He-P
1608.05, the administrative fine shall be
$1,000.00;
(31) For failure of the
risk assessor to submit all the information required by
He-P
1608.12(u) with the certificate of
lead safe, the administrative fine shall be $250.00;
(32) For failure to maintain at the work site
while lead hazard reduction work is taking place all documentation required by
He-P
1608.15(a), the administrative fine
shall be $200.00;
(33) For failure
of a lead abatement contractor, lead inspector, or risk assessor to keep all
business and personnel records of all lead projects for a minimum of 5 years
after the completion of the project, and make available to the department upon
request in violation of
He-P 1608.15(b) and
(c), the administrative fine shall be
$200.00;
(34) For utilizing or
employing uncertified or unlicensed persons to perform lead hazard reduction
work or an owner performing lead hazard reduction work without the written
permission of the department, in violation of
He-P 1605.03,
the administrative fine shall be $2,000.00 per uncertified or unlicensed
person, or owner;
(35) For failure
of a lead abatement supervisor or owner-contractor to remain on site when lead
hazard reduction work is being carried out, in violation of
He-P
1609.01(f), the administrative fine
shall be $300.00;
(36) For failure
of a contractor or owner-contractor to be available to a lead abatement
supervisor when lead hazard reduction work is being carried out, in violation
of
He-P
1609.01(g), the administrative fine
shall be $300.00;
(37) For
performing lead hazard reduction work utilizing any of the prohibited practices
listed in
He-P
1609.02(c), the administrative fine
shall be $1,000.00;
(38) For
certifying that a dwelling or dwelling unit is either owner occupied or off the
rental market as required by He-P 1609.05 when the dwelling or dwelling unit is
not, the administrative fine shall be $5,000.00;
(39) For teaching classes without
authorization by the department, in violation of
He-P
1611.01(a), the administrative fine
shall be $2,000.00;
(40) For
utilizing faculty who do not meet the requirements as described in
He-P 1611.01(c) or
(d) in a training program, the administrative
fine shall be $500.00;
(41) For
failure to notify the department within 30 business days of changes in the
names and addresses of the responsible corporate department of the licensed
educational company, as required by
He-P
1611.01(e), the administrative fine
shall be $250.00;
(42) For failure
to notify the department before the start of an educational program in
violation of
He-P
1611.01(f), the administrative fine
shall be $500.00;
(43) For failure
of a program manager to maintain required educational records pursuant to
He-P
1611.01(h) for a period of 5 years,
the administrative fine shall be $500.00;
(44) For submitting false or fraudulent
information on or with any documentation submitted to the department the
administrative fine shall be $5,000.00. Each piece of fraudulent information
shall be considered a separate offense and subject to an additional $2,000.00
fine; and
(45) For falsifying a
lead professional license or certification, the administrative fine shall be
$1,000.00;
(i) If an administrative fine has been issued, and the same violation is subsequently cited or the violation has not been remedied within 30 days, a second administrative fine in the amount of twice the amount of the first fine, per violation shall be issued.
(j) For the third and all subsequent repeat violations to those cited in (i) above, or for violations that have not been remedied after 90 days, the administrative fine per violation shall be 3 times the amount of the first fine.
#5920, eff 1-1-95; amd by #6096, eff 9-22-95; ss by #7181, eff 12-24-99; ss by #7495, eff 5-23-01; ss by #8039, eff 2-13-04; ss by #8932, eff 7-6-07; ss by #9057, INTERIM, eff 1-3-08, EXPIRED: 7-1-08
New. #9210, eff 7-19-08; ss by #9986, eff 9-1-11
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