New Hampshire Code of Administrative Rules
Res - Commissioner, Department of Resources and Economic Development
Chapter Res 7800 - ADMINISTRATIVE FINES PERTAINING TO VIOLATIONS OF RECREATIONAL USE RULES
Part Res 7802 - ADMINISTRATIVE FINES
Section Res 7802.03 - Methods of Reporting

Universal Citation: NH Admin Rules Res 7802.03

Current through Register No. 40, October 3, 2024

(a) Any person who is charged with committing a violation of any rule or statute cited in Res 7802.04 shall be issued an official notice. Such notice shall constitute notice of the violation.

(b) Each notice shall contain the following:

(1) The person's name, company name, if applicable, address, and date of birth;

(2) A description of the alleged violation;

(3) The statute or rule allegedly violated;

(4) The date and time of the alleged violation;

(5) The location of the alleged violation;

(6) An indication of the administrative fine amount for such violation;

(7) Notice of a right to an administrative hearing as authorized by RSA 541-A:31;

(8) Indication that the official notice was served in hand by the authorized DRED enforcement personnel;

(9) The signature and badge number, if applicable, of the authorized DRED enforcement personnel; and

(10) An appropriate space for the person to either admit or deny the substance of the violation.

(c) Any person who is disciplined by a written warning shall not be subject to administrative action or fine, provided that the person shall take the appropriate action to remedy the violation(s) which prompted the issuance of the written warning. All written warnings shall be reported to the director in the form of a remedial-action report.

(d) Each written warning shall contain the following:

(1) The person's name, company name, if applicable, address, and date of birth;

(2) A description of the alleged violation;

(3) The statute or rule allegedly violated;

(4) The date and time of the alleged violation;

(5) The location of the alleged violation;

(6) A description of the required action for remedy; and

(7) Indication that the official notice was served in hand by the authorized DRED enforcement personnel; and

(8) The signature and badge number, if applicable, of the authorized DRED enforcement personnel.

(e) Any person who has been charged with a violation shall answer the notice personally or by mail within 20 days of the date of the issuance of an official notice and shall provide the director of forests and lands or the director of parks and recreation, as appropriate, with an administrative plea to the charges. However, no answer shall be required in the case of an issuance of a written warning. Pleas shall be limited to consent or objection. Consent pleas shall include full payment of any fine due, in accordance with Res 7802.05.

(f) The department shall hold an adjudicative hearing in accordance with the provisions of Res 200 for any person who enters an administrative plea of objection to the charges.

#10534, eff 3-1-14

Disclaimer: These regulations may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.