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 1900 - INDOOR SMOKING RULES
Part He-P 1906 - ADMINISTRATIVE FINES
Section He-P 1906.01 - Administrative Fines

Universal Citation: NH Admin Rules He-P 1906.01

Current through Register No. 40, October 3, 2024

(a) If the department determines that the person in charge has not complied with the Act by the deadline established in He-P 1905.02(c) or (d), the department shall, pursuant to RSA 155:78, impose upon the person in charge an administrative fine of $100 per day for the first offense and $200 per day for each subsequent offense.

(b) The penalties prescribed in (a) above shall be imposed for each day that the person in charge is not in compliance with the Act, beginning with the date that the notification under He-P 1905.02 is issued and continuing for each day of non-compliance, or until the date of compliance.

(c) The department shall provide written notice to the person in charge:

(1) Identifying each finding of non-compliance;

(2) Informing the person in charge of the amount of the assessed fine under (a) and (b) above;

(3) Informing the person in charge of the right to appeal the department's decision to assess a fine, pursuant to RSA 541-A and He-C 200, by submitting a written request for a hearing to the commissioner no later than 10 calendar days from the date of receipt of the notice;

(4) Informing the person in charge of the opportunity to waive the right to a hearing by paying the fine within 10 days of the receipt of the department notice of assessed administrative fine; and

(5) Informing the person in charge that if he or she does not request an appeal as specified in (4) above, the department's decision to assess a fine shall become final after the 10 day period specified in (4) above and the fine shall be paid to the department no later than 10 days from that date.

#5759, eff 12-20-93; ss by #7172, eff 12-21-99, EXPIRED: 12-21-07

New. #9054, eff 12-29-07; ss by #9351, eff 1-1-09

The amended version of this section by New Hampshire Register Volume 38, Number 50, eff. 11/20/2018 is not yet available.

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