New Hampshire Code of Administrative Rules
Puc - Public Utilities Commission
Chapter Puc 800 - UNDERGROUND UTILITY DAMAGE PREVENTION PROGRAM
Part Puc 807 - ENFORCEMENT PROCEDURES
Section Puc 807.07 - Civil Penalties
Universal Citation: NH Admin Rules Puc 807.07
Current through Register No. 12, March 21, 2024
(a) If the commission or designated commission staff within the division of safety finds reason to issue an NOV, the commission or designated commission staff shall propose to assess a civil penalty pursuant to RSA 374:55.
(b) In determining the assessment, the following factors shall be considered:
(1)
The severity of the consequences resulting from the violation such that the
more severe the consequences, the higher the civil penalty, the gravity of the
violation, degree of culpability of the respondent, cooperativeness of
respondent, history of prior violations, and other factors which would tend to
aggravate fault; and
(2) Mitigating
circumstances, such as how quickly the excavator took action to rectify the
situation, how much control the excavator had over the situation, and other
circumstance which would tend to lessen fault.
#7900, eff 5-29-03; ss by #9318, eff 11-8-08
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