1. (a) The board shall commence adjudicative procedures for the assessment of an administrative fine against any person subject to such fines or penalties under any provision of RSA 310:12 when the board possesses evidence indicating that a violation has occurred. Plc 311.12 shall govern the assessment and collection of administrative fines.

2. (b) Administrative fines shall not exceed the following amounts:

   1. (1) When no violation of the same type has occurred within the 5 years preceding the board’s notice to the respondent, the fine assessed shall not exceed $200.00 per day or $1,000.00 per offense whichever is greater;
   2. (2) When a single disciplinary infraction of the same type has occurred within the 5 years preceding the board’s notice to the respondent, the fine assessed shall not exceed $200.00 per day or $1,500.00 per offense whichever is greater;
   3. (3) When more than one disciplinary infraction of the same type has occurred within the 5 years preceding the board’s notice to the respondent, the fine assessed shall not exceed $200.00 per day or $2,000.00 per offense whichever is greater; and
   4. (4) In the case of continuing violations, a separate fine shall be assessed for each day the violation continues, but the total amount of the fine and the respondent’s promptness and cooperativeness in ceasing the prohibited conduct in question shall be considered in assessing the daily fines. A single course of continuing conduct shall be treated as a single violation for purposes of Lsa 402.03 (c),(1), (2), and (3).

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #14170, eff 3-10-25