1. (a) The division shall deliver in hand or by certified mail a notice of administrative fine to any individual or entity who:

   1. (1) Has, for the second time, done an act or omission prohibited by RSA 438:40, I;
   2. (2) Has, for the second time, violated a weights and measures administrative rule;
   3. (3) Is subject to an administrative fine under Agr 1411.02(c); or
   4. (4) Is subject to an administrative fine under Agr 1411.03(b).

2. (b) The recipient of a notice of administrative fine shall reply by delivering or mailing to the division a signed writing:

   1. (1) By the date specified on the notice; and

   2. (2) Either:

      1. a. Consenting to the imposition of the fine and enclosing payment in the amount of the fine; or
      2. b. Objecting to the imposition of the fine.

3. (c) The division shall interpret an objection submitted in accordance with (b)(2)b. above to be:

   1. (1) A challenge to the allegation of violation or to the fine or both; and
   2. (2) A request for an adjudicative hearing pursuant to Agr 200 on the allegation of violation or the fine or both.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09 New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)