1. (a) Following a hearing, the board shall increase the amount of a fine provided for in Bar 404.10 when one or more of the following aggravating factors are reflected by specific findings of fact, expressed in the record:

   1. (1) That the respondent was aware of RSA 313-A and the board’s rules;
   2. (2) Continuing noncompliance with the board statutes, rules, and directives;
   3. (3) The degree of respondent’s willfulness and/or negligence involved in the violation;
   4. (4) Any history of noncompliance with RSA 313-A, rules, or directives;
   5. (5) Bad faith or misrepresentation of any material fact; and
   6. (6) Additional information presented during the hearing which reflects an aggravating factor based on a totality of circumstances.
2. (b) Following a hearing, or a pre-hearing conference the board shall decrease the amount of a fine provided for in Bar 404.10 when there are mitigating factors reflected by specific findings of fact, expressed in the record or good faith efforts to comply with RSA 313-A and the board’s rules, and directives.

Source. #6577, eff 9-13-97 (formerly Bar 504.04); ss by #7323, eff 7-26-00; ss by #9221, INTERIM, eff 7-30-08; ss by #9345, eff 12-10-08; ss by #12226, eff 6-30-17