1. (a) Boards are authorized by RSA 310:12, I(e) to assess administrative fines in amounts established by the board in its rules, that shall not exceed $3,000 per offense, or, in the case of continuing offenses, $300 for each day that the violation continues, whichever is greater.

2. (b) If a board determines, based on Plc 311.11, that an administrative fine is warranted for misconduct for which a fine is not specifically identified in the board’s rules, the amount of the fine to be sought shall be:

   1. (1) Not more than the maximum identified in (a), above; and

   2. (2) Scaled to reflect the scope and severity of the violation based on:

      1. a. How much the misconduct deviated from the requirement;
      2. b. Whether the misconduct was committed negligently, recklessly, or intentionally; and
      3. c. The extent of harm or potential for harm that occurred.

3. (c) To initiate an administrative fine proceeding independent of other disciplinary action, the board shall issue a written notice to any person proposed to be subjected to an administrative fine that notifies the person:

   1. (1) Of the violation(s) or misconduct for which the administrative fine is proposed;
   2. (2) Of the amount of the proposed administrative fine;
   3. (3) That the person 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.
4. (d) If the recipient of the notice requests a hearing, the hearing shall be conducted in accordance with the provisions in Plc 200 and RSA 541-A that govern adjudicative proceedings.
5. (e) The person may choose to waive the right to a hearing and pay the proposed fine, in which case the fine shall be paid to and received by the OPLC within 30 days of receipt of the notice.

Source. #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)