(a) The executive director shall issue a written notice to any individual proposed to be subjected to an administrative fine that notifies the individual:

1. (1) Of the violation(s) for which the administrative fine is proposed;
2. (2) Of the amount of the proposed administrative fine;
3. (3) That the individual may request a hearing prior to the imposition of the fine; and
4. (4) Of the deadline for requesting a hearing, which shall be no sooner than 20 days from the date of the notice.

(d) Administrative fines for violations of RSA 310-A:161-181 and Plc 1200 shall not exceed the following amounts, and in no event shall exceed $2,000 per violation:

1. (1) When no violation of the same type has occurred during a period of licensure within the 5 years preceding the executive director’s notice to the respondent, the fine assessed shall not exceed $100 per day or $500 per violation, whichever is greater;
2. (2) When a single violation of the same type has occurred during a period of licensure within the 5 years preceding the executive director’s notice to the respondent, the fine assessed shall not exceed $200 per day or $1,500 per violation, whichever is greater;
3. (3) When more than one violation of the same type has occurred during a period of licensure within the 5 years preceding the executive director’s notice to the respondent, the fine assessed shall not exceed $200 per day or $2,000 per offense whichever is greater; and
4. (4) In the case of repeated violations, a separate fine shall be assessed for each occurrence of the violation, 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.

(f) Nonpayment of a fine by a licensee or respondent in contravention of an order, agreement, or promise to pay shall be:

1. (1) A separate ground for discipline;
2. (2) A basis for denying a subsequent license or renewal application; or

3. (3) A basis for judicial action seeking to collect the fine.

   Source. (See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

   Appendix A: State Statutes Implemented

   Rule

   State Statute Implemented

   Plc 1200 (see below for more specific statutes)

   RSA 310-A:161-181

   Plc 1203

   RSA 310-A:163

   Plc 1204

   RSA 310-A:167-170

   Plc 1204.12

   RSA 332-G:14

   Plc 1205

   RSA 310-A:172; RSA 310-A:178

   Plc 1206

   RSA 310-A:173

   Plc 1207

   RSA 310-A:180

   Plc 1208

   RSA 310-A:174-175

   Appendix B: Incorporated References

   Rule

   Reference Incorporated

   Available at:

   Plc 1207.02(a)

   NCRA Code of Ethics

   https://www.ncra.org/home/professionals_resources/NCRA-Code-of-Professional-Ethics

   Plc 1207.02(b)

   NVRA Code of Ethics

   https://nvra.org/page/CodeofEthics

   Appendix C: Other Statutory Provisions

   310-A:174 Disciplinary Action. –

   I. The executive director may undertake disciplinary proceedings:

4. (a) Upon his or her own initiative; or

5. (b) Upon written complaint of any person which charges that a person licensed by the executive director has committed misconduct under paragraph II and which specifies the grounds therefor.

   II. Misconduct sufficient to support disciplinary proceedings under this section shall include:

6. (a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this subdivision.
7. (b) The practice of court reporting using a reporting method for which the person is not licensed.
8. (c) Conviction of a felony.
9. (d) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession.
10. (e) Unfitness or incompetency by reason of negligent habits or other causes.
11. (f) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders him or her unfit to practice under this subdivision.
12. (g) Mental or physical incompetency to practice under this subdivision.
13. (h) Willful or repeated violation of the provisions of this subdivision.

14. (i) Suspension or revocation of a license, similar to one issued under this subdivision, in another jurisdiction and not reinstated.

    III. The executive director may take disciplinary action in any one or more of the following ways:

15. (a) By reprimand.
16. (b) By suspension, limitation, or restriction of license for a period of up to 5 years.
17. (c) By revocation of license.
18. (d) By requiring the person to participate in a program of continuing education in the area or areas in which he or she has been found deficient.

19. (e) By assessing administrative fines in amounts established by the executive director which shall not exceed $2,000 per offense, or, in the case of continuing offenses, $200 for each day up to a total not exceeding $2,000.

    Source. 2007, 300:1, eff. July 1, 2007. 2022, 64:6, eff. July 19, 2022.

    310-A:177 Surety Bond Required. – There shall be filed with each original application for licensure a bond in the form of a surety, by a reputable company engaged in the bonding business, authorized to do business in the state, for the penal sum of $1,000 with one or more sureties, to be approved by the attorney general and conditioned that the applicant conform to and not violate any of the duties, terms, conditions, provisions, or requirements of this subdivision. If any person shall be aggrieved by the misconduct of any such licensee, such person may maintain an action in his or her own name upon the bond of said licensee in any court having jurisdiction of the amount claimed. All such claims shall be assignable, and the assignee shall be entitled to the same upon the bond of such licensee or otherwise, as the person aggrieved would have been entitled to if such claim had not been assigned. Any claim or claims so assigned may be enforced in the name of such assignee. Any remedies given by this subdivision shall not be exclusive of any other remedy which would otherwise exist.

    Source. 2007, 300:1, eff. July 1, 2007.

    310-A:180 Code of Ethics. – The executive director shall adopt the National Court Reporters Association Code of Ethics as the New Hampshire advisory board of court reporters code of ethics, including all provisions relating to giving, directly or indirectly, any gift, incentive, reward or anything of value to attorneys, clients, witnesses, insurance companies, or any other persons or entities associated with the litigation or to the representatives or agents of any of the foregoing except for:

    I. Items that do not exceed $100 in the aggregate per recipient each year; or

    II. Pro bono services as defined by the New Hampshire Bar Association.

    Source. 2007, 300:1, eff. July 1, 2007. 2022, 64:5, eff. July 19, 2022.

    Appendix D: Plc 307.04 as effective May 1, 2023