New Hampshire Code of Administrative Rules
Home - Board of Home Inspectors
Chapter Home 400 - CONTINUED STATUS
Part Home 402 - DISCIPLINARY MATTERS
Section Home 402.03 - Administrative Fines
Universal Citation: NH Admin Rules Home 402.03
Current through Register No. 40, October 3, 2024
(a) Adjudicative procedures seeking the assessment of an administrative fine shall be commenced against any person subject to such fines under any provision of RSA 310-A when the board possesses evidence indicating that a violation has occurred.
(b) When persons subject to the board's disciplinary authority are directed to pay fines pursuant to Home 402.02, such fines shall be assessed in accordance with the factors stated in Home 402.02(e) and (f) and the following additional considerations:
(1) In addition to the
circumstances outlined in
Home
402.02(e), the board shall consider
the aggravating factor of the cost of any investigation or hearing conducted by
the board, as demonstrated by the cost of any third party investigators,
prosecutors, or expert witnesses retained by the board; and
(2) In addition to the circumstances outlined
in
Home
402.02(f), the board shall consider
the mitigating factor of the licensee's ability to pay a fine assessed by the
board.
(c) Administrative fines shall not exceed the following amounts:
(1) When no violation of the same type has
occurred during a period of licensure within the 5 years preceding the board's
notice to the respondent, the fine assessed shall not exceed $200.00 per day or
$1,000.00 per offense, whichever is greater;
(2) When a single disciplinary infraction of
the same type has occurred during a period of licensure within the 5 years
preceding the board's notice to the respondent, the fine assessed shall not
exceed $200.00 per day or $1,500.00 per offense whichever is greater;
(3) When more than one disciplinary
infraction of the same type has occurred during a period of licensure within
the 5 years preceding the board's notice to the respondent, the fine assessed
shall not exceed $200.00 per day or $2,000.00 per offense whichever is
greater;
(4) In the case of
continuing violations, a separate fine shall be assessed for each day the
violation continues; and
(5) A
single course of continuing conduct shall be treated as a single violation for
purposes of Home 402.03(c), (1), (2), and (3).
#9506, eff 7-8-09
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