New Hampshire Code of Administrative Rules
Lab - Commissioner, Department of Labor
Chapter Lab 1500 - EMPLOYEE LEASING COMPANIES
Part Lab 1508 - FINES
Section Lab 1508.11 - Reduction in Fine Imposed Following Hearing

Universal Citation: NH Admin Rules Lab 1508.11

Current through Register No. 40, October 3, 2024

The amount of fine imposed pursuant to Lab 1508.04 for a specific violation shall be reduced by 10% for each of the following that apply to that specific violation:

(a) In the case of a non-continuing or one-time offense, where all of the following are true:

(1) The respondent proves, by a preponderance of the evidence, respondent's ignorance, as of the time of the violation, of the statute(s) or rule(s) which were violated;

(2) The violation has not continued or recurred as of the time of the hearing;

(3) Any employee threat or harm caused by the offense has been alleviated; and

(4) The respondent did not derive any direct or indirect economic benefit from the offense;

(b) The respondent proves, by a preponderance of the evidence, that respondent made a good faith effort to comply with the statute(s) or rule(s) involved and that the violation occurred despite those efforts;

(c) The respondent proves, by a preponderance of the evidence, that respondent has no history of non-compliance with the statute(s) or rule(s) of the department; or

(d) The respondent proves, by a preponderance of the evidence, information favorable to respondent's case which was not known to the department at the time the fine was proposed.

#10221, eff 11-3-12

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