1. (a) The department shall assess administrative fines in accordance with RSA 170-E:66, II.
2. (b) The department shall send a notice of intent to impose a fine by certified mail and email, or by hand delivery to any person, applicant or licensee.

3. (c) The written notice required under (b) above shall include:

   1. (1) The amount of the fine, the area(s) of non-compliance, and dates, if applicable, for which the fine is being assessed;
   2. (2) Information regarding the right to an administrative hearing, including the name, address, phone number, and email of the hearings unit, and deadline by which to request a hearing;
   3. (3) Information about the option of reducing any assessed 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 written statement waiving the right to an administrative hearing regarding the fine, signed by the applicant or licensee; and
   4. (4) The name of a contact person within the office of legal and regulatory services, bureau of facility licensing and certification.
4. (d) If the applicant or licensee does not appeal the department’s decision to impose a fine, the fine shall become final after the 10-day period specified in (c)(3) above and the fine shall be paid to the department no later than 10 days from that date.
5. (e) 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.
6. (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 4003 or RSA 170-E.

7. (g) The department shall impose fines, not to exceed $2,000.00 per offense, in accordance with the following:

   1. (1) For failure to comply with the provisions of a license, in violation of He-C 4003.13(b), the fine shall be $500.00. Each day the YRC fails to comply with the provisions of a license shall be considered a separate offense and shall be subject to a daily fine of $100.00 until the department determines that the YRC is in compliance with the provisions of a license;
   2. (2) For a repeat area of non-compliance for failure to comply with the provisions of a license, in violation of He-C 403.13(b), the fine shall be $500.00, plus $100.00 for each day that the YRC fails to comply with the provisions of a license or permit, after receipt of a statement of findings and provision of an approved corrective action plan. Each day the YRC fails to comply with the provisions of a license shall be considered a separate offense and shall be subject to a daily fine of $100.00 until the non-compliance is corrected;
   3. (3) For operating a YRC without a license, in violation of RSA 170-E:56, I, the fine shall be $500.00. Each day the program continues to operate shall be considered a separate offense and shall be subject to a daily fine of $100.00 until the non-compliance is corrected;
   4. (4) For continuing to operate a YRC after suspension, revocation, or denial of a license or permit, in violation of He-C 4003.10, the fine shall be $2,000.00. Each day the former licensee continues to operate shall be considered a separate offense and shall be subject to a daily fine of $500.00 until the non-compliance is corrected;
   5. (5) For failure to submit any requested reports or failing to make available any records required by the department for investigation, monitoring, or licensing purposes in violation of He-C 4003.13(d), the fine shall be $500.00, per offense, plus $100.00 per day, per offense, for each day for which the department does not receive the requested documents. Each day the noncompliance continues to exist shall be considered a separate offense and shall be subject to a daily fine of $100.00 until the noncompliance is corrected;
   6. (6) For falsifying any documents, other written information, or reports issued by or required by the department, in violation of He-C 4003.13(f)(2), the fine shall be $1,000.00 per offense. Each falsified document or report shall be considered a separate offense;
   7. (7) For failure to cooperate during any visit authorized under He-C 4003, in violation of He-C 4003.13(e), the fine shall be $1,000.00;
   8. (8) For failure to submit a corrective action plan, in violation of He-C 4003.09(d), the fine shall be $200.00;
   9. (9) For failure to implement or maintain the corrective action plan that has been approved or issued by the department, in violation of He-C 4003.09(h) the fine shall be $250.00 per area of non-compliance;
   10. (10) For failure to supervise each camper in care, in violation of He-C 4003.16(d), the fine shall be $750.00;
   11. (11) For abusing or neglecting a camper or campers, or using corporal punishment on a camper or campers, in violation of He-C 4003.13(d), the fine shall be $1,000.00;
   12. (12) For areas of non-compliance with RSA 170-E:56, II and He-C 4003.17(b), regarding completion of required background record checks and He-C 4003.17(i), regarding employing staff with a background check that prohibits them from employment, the fine shall be $500.00. Each day that an employee, household member, or other individual continues to work in the YRC without having completed a background check or with a background check that prohibits them from employment shall be considered a separate offense and shall be subject to a daily fine of $100.00 until the non-compliance is corrected;
   13. (13) When an inspection results in a determination that non-compliance with RSA 170-E or He-C 4003 is a repeat area of non-compliance of any of the rules specified in (g)(1) through (12) above, the fine shall be twice the amount as the original fine assessed, not including any applicable daily rates; and
   14. (14) For non-compliance with any statute or rule, which exposes or results in one or more campers experiencing imminent death, loss, or injury, the department shall assess a fine of $2,000.00 for each non-compliance. Each day the non-compliance continues to exist shall be considered a separate offense and shall be subject to a daily fine of $500.00 until the non-compliance is corrected.

Source. #14256, eff 5-23-25, EXPIRES: 5-23-35