1. (a) The department shall assess administrative fines in accordance with RSA 170-E:34, I(j) and RSA 170-E:45-a.

2. (b) The department shall send a written notice of intent to impose a fine which shall include:

   1. (1) The amount of the fine and the citation(s) for which the fine is being assessed;
   2. (2) The automatic reduction of the fine by 25% by submitting to the department, no later than 10 days from receipt of the notice, payment of the reduced fine, and a corrective action plan which has been accepted and approved by the department; and
   3. (3) The right to request an administrative hearing no later than 14 days of receipt of the notice, including the contact information for the hearings unit.
3. (c) If a written request for an administrative hearing is not made as specified in (b)(3) above, the action of the department becomes final and the fine shall be paid to the department no later than 30 days from the receipt of the notice.
4. (d) When an administrative hearing is conducted and the department’s decision to impose a fine is upheld, the fine shall be due and payable within 10 days of the date of the hearing officer's decision.
5. (f) The imposition of fines shall not prohibit the department from enforcing any conditions or any other enforcement action available to it under He-C 4001 or RSA 170-E.

6. (g) The department shall impose fines in accordance with the following:

   1. (1) For failure to comply with the provisions of a license or permit, in violation of He-C 4001.10(a), the fine shall be $500.00;
   2. (2) For a repeat citation for failure to comply with the provisions of a license or permit, in violation of He-C 4001.10(a), the fine shall be $500.00, plus $100.00 for each day that the program fails to comply with the provisions of a license or permit;
   3. (3) For a failure to cease operating an unlicensed residential child care program after being notified by the department of the need for a license, in violation of RSA 170-E:27, I, the fine shall be $2,000.00 for an applicant or unlicensed provider;
   4. (4) For a failure to submit a renewal application for a license in accordance with RSA 170-E:32, I and He-C 4001.03(a), the fine shall be $500.00;
   5. (5) For a failure to cease operations after suspension, revocation, or denial of a permit or license, in violation of RSA 170-E:27, I, or continuing to operate after a failure to renew the license by the expiration date, in violation of RSA 170-E:32, I and He-C 4001.03(a), the fine for an applicant, unlicensed provider, or a licensee shall be $2,000.00;
   6. (6) For advertising services or otherwise representing that the program has a license to provide residential child care services it is not licensed to provide, in violation of RSA 170-E:27, I, the fine for an applicant, licensee or unlicensed provider shall be $500.00;
   7. (7) For failure to submit any requested reports or failing to make available any records required by the unit for investigation, monitoring, or licensing purposes in violation of He-C 4001.10(l), the fine shall be $500.00, per offense, plus $100.00 per day, per offense, for each day for which the unit does not receive the requested documents;
   8. (8) For falsifying any documents, other written information, or reports issued by or required by the unit, in violation of He-C 4001.10(o)(2), the fine shall be $1000.00 per offense;
   9. (9) For failure to cooperate during any visit authorized under RSA 170-E or He-C 4001, in violation of He-C 4001.10(j) and (k), the fine shall be $1,000.00;
   10. (10) For failure to submit a corrective action plan, in violation of He-C 4001.06(e) or (f), the fine shall be $500.00, unless an extension has been granted by the unit;
   11. (11) For failure to implement or maintain the corrective action plan that has been approved or issued by the unit, in violation of He-C 4001.06(e), (f), or (i) the fine shall be $500.00;
   12. (12) For failure to supervise each resident in care, in violation of He-C 4001.14(a), the fine shall be $750.00;
   13. (13) For abusing or neglecting a resident or residents, or failing to protect a resident or residents from abuse or neglect when the licensee or program director either knew or should have known about the abuse or neglect, in violation of He-C 4001.10(d) or (e), the fine shall be $2,000.00;
   14. (14) For using corporal punishment, or failing to protect a resident or residents from corporal punishment in the residential child care program when the licensee or program director either knew or should have known about the corporal punishment, in violation of He-C 4001.22(b)(2), the fine shall be $1,000.00;
   15. (15) For using inappropriate discipline or rough handling a resident or residents, or failing to protect a resident or residents from inappropriate discipline or rough handling when the licensee or program manager either knew or should have known about the inappropriate discipline or mistreatment, in violation of He-C 4001.22(b)(11), the fine shall be $500.00;
   16. (16) For using prohibited restraints or acts of seclusion on a resident, in violation of RSA 126-U and He-C 4001.22(e), the fine shall be $1,000.00;
   17. (17) For non-compliance with RSA 170-E:29-a and He-C 4001.32 regarding completion of criminal background record checks, the fine shall be $500.00;
   18. (18) For non-compliance with RSA 170-E:29-a and He-C 4001.32 when an employee, household member, or other individual continues to work in the program after notification of ineligibility by the unit, the fine shall be $100.00 per day;
   19. (19) For non-compliance with any statute or any rule which results in endangering one or more residents, in violation of RSA 170-E:27, II, the fine shall be $1,000.00;
   20. (20) For non-compliance with any statute or rule which results in physical injury to one or more resident, or exposes one or more residents to imminent death, loss, or injury, the department shall assess a fine of $2,000.00 for each non-compliance, plus $500.00 per day that the non-compliance exists; and
   21. (21) When an inspection determines that non-compliance with RSA 170-E or He-C 4001 is a repeat citation of any of the rules specified in (g)(1) through (19) above, the fine shall be double the initial fine, but not to exceed $2,000.00.
7. (h) Each day an applicant or licensee continues to be in violation of the provisions of RSA 170-E or He-C 4001 shall constitute a separate violation and shall be fined in accordance with this section. If the applicant or licensee is making good faith efforts to comply with He-C 4001, as verified by documentation or other means, the department shall not issue a daily fine.

Source. #14214, eff 4-1-25