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 4000 - NEW HAMPSHIRE RULES FOR THE CONTROL OF RADIATION
Part He-P 4070 - FEES FOR CERTIFICATES OF REGISTRATION, RADIOACTIVE MATERIAL LICENSES, AND OTHER REGULATORY SERVICES
Section He-P 4070.08 - Administrative Fines
Universal Citation: NH Admin Rules He-P 4070.08
Current through Register No. 40, October 3, 2024
(a) The DHHS shall impose an administrative fine against any person who is required under these rules to submit an application for certificate of radiation for a radiation machine and the applicable fee, or for an annual fee for a radioactive material license, and who fails to do so in a timely manner.
(b) Such administrative fines shall be imposed as follows:
(1) If a person
responsible for submitting to the DHHS an application for a certificate of
registration for a radiation machine and the applicable fee, or for an annual
fee for a radioactive material license, fails to do so within 30 days of the
date that the application and fee are due, the person shall be assessed a fine
of $100.00;
(2) At the time that
the fine is imposed DHHS shall provide the individual written notice that
states:
a. The reason(s) for the imposition
of the fine; and
b. The right of
the person to an adjudicative proceeding allowed in He-C 200;
(3) Failure of the person to
request a hearing within 30 days of the receipt of the notice shall result in
the imposition of the fine becoming final;
(4) If the person fails to pay the fee due
and the imposed fine within 30 days of the date that the fine was imposed or,
in the case where an adjudicative hearing is requested, within 30 days of the
date that the fine is upheld following the hearing, the amount of the fine
shall be doubled; and
(5) If the
person fails to pay the fee due and the imposed fine within 30 days of the date
that the fine is doubled in accordance with (4) above, the matter shall be
referred to the department of justice in order that it may institute civil
action to collect the fine in accordance with
RSA
125-F:22, IV.
#6827, eff 8-6-98; ss by #7919, eff 7-18-03; ss by #9947, eff 6-22-11
The amended version of this section by New Hampshire Register Volume 35, Number 27, eff.6/25/2015 is not yet available.
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