1. (a) The following principles shall apply to the fines set forth in (c) through (g) below:

   1. (1) No first instance of violation of any provision of RSA 438:40, I or violation of a weights and measures administrative rule shall be considered a "first offense" except as set forth in Agr 1411.02(c) and Agr 1411.03(b); and
   2. (2) Except as stated in (b) below, offenses shall be numbered by frequency of occurrence within a 12-month period, so that, for example, a second offense done more than 12 months after a first offense of the same description shall be considered a "first offense".
2. (b) If an individual or entity has done the same offense 3 times within a 5-year period, the offense shall not be protected by the 12-month rule in (a)(2) above, but shall be considered a "third offense".

3. (c) Administrative fines for acts or omissions prohibited by RSA 438:40, I or by a weights and measure administrative rule shall be:

   1. (1) For a first offense, $250;
   2. (2) For a second offense, $500; and
   3. (3) For a third offense, $1,000.

4. (d) Administrative fines for such acts or omissions which have no pecuniary impact or potential for pecuniary impact on anyone, excepting the failure to hold a currently valid license or certificate of registration if legally obligated to hold one, shall be:

   1. (1) For a first offense, $150;
   2. (2) For a second offense, $300; and
   3. (3) For a third offense, $600.

5. (e) Administrative fines for failure to hold a currently valid license or certificate of registration if legally obligated to hold one shall be:

   1. (1) For a first offense, $250;
   2. (2) For a second offense, $500; and
   3. (3) For a third offense, $1,000.

6. (f) Administrative fines for impersonating a division inspector or hindering an inspector in the performance of his or her official duties shall be:

   1. (1) For a first offense, $250;
   2. (2) For a second offense, $500; and
   3. (3) For a third offense, $1,000.

7. (g) Administrative fines for falsifying an application for a license or certificate of registration, falsifying a weight certificate, falsifying any report required to be submitted to the division by service technicians or falsifying any other document required to be submitted to the division shall be:

   1. (1) For a first offense, $250;
   2. (2) For a second offense, $500; and
   3. (3) For a third offense, $1,000.

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)