- (a) Except as provided in (b) and (c) below, the division shall follow a progressive discipline model for violations of Title XIII, Chapter 126-K, or commission rules or orders.
(b) Identical violations shall be addressed in the following sequence:
- (1) Verbal counseling for the first violation;
- (2) Warning for the second violation; and
- (3) Administrative notice for subsequent violations.
(c) The following shall result in an administrative notice:
- (1) Violations of RSA 179:5 other than compliance checks;
- (2) Violations of RSA 126-K:4 other than compliance checks;
- (3) All aggravated violations;
- (4) Violations arising during any of the above violations;
- (5) Violations of commission orders;
- (6) Violations of RSA 178:3;
- (7) Violations of RSA 179:60; and
- (8) Violations of RSA 179:22.
(d) A violation discovered in a compliance check shall be addressed as follows:
- (1) Warning for the first violation and training required within 30 days of adjudication; and
- (2) Administrative notice and training required within 30 days of adjudication.
- (e) A violation shall not be a second or higher violation unless it occurs after the previous violation has been adjudicated.
- (f) Except as provided in Liq 602.08, when a single event results in multiple charges of the same violation, points shall only be applied once for that violation. Fines and suspensions shall be applied for each of the violations. Points shall remain on the license for a period of 3 years from the date of adjudication.
- (g) Except as provided in Liq 602.08, when a licensee accumulates 12 points or over, the licensee shall be ordered to a hearing to determine if enhanced penalties or conditions of the license are necessary to maintain proper controls.
- (h) When a licensee accumulates 25 points or over, the licensee shall be ordered to attend a hearing to determine if revocation is necessary.
Source. (See Revision Note at chapter heading for Liq 600) #13983, eff 5-24-24