1. (a) Following a hearing, the OPLC shall increase the amount of a fine provided for in Bar 606.03 when one or more of the following aggravating factors are reflected by specific findings of fact, expressed in the record:

   1. (1) Continuing noncompliance with the board statutes, rules, and directives;
   2. (2) The degree of respondent’s willfulness or negligence involved in the violation;
   3. (3) Any history of noncompliance with RSA 313-A, rules, or directives;
   4. (4) Bad faith or misrepresentation of any material fact; and
   5. (5) 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 OPLC shall decrease the amount of a fine provided for in Bar 606.03 when 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. #8444, eff 10-06-05, EXPIRED: 10-6-13 New. #10808, eff 4-2-15, EXPIRED: 4-2-15 New.#14271, INTERIM, eff 6-16-25 EXPIRES: 12-14-25