Section He-C 4002.45 - Administrative Fines(a) The department shall assess administrative fines in accordance with RSA 170-E:11, VI and VII, and RSA 170-E:21-a as follows: (1) The department shall send the notice of intent to assess a fine by certified mail or by hand delivery to any person, applicant, licensee, or permittee;(2) The written notice required under (1) above shall include: a. The amount of the fine, the citation(s), and dates, if applicable, for which the fine is being assessed;b. Information regarding the right to request an administrative hearing, including the name, address, and phone number of the hearings unit, and deadline by which to request a hearing;c. Information about the option of reducing any assessed fine by 50% 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 request an administrative hearing regarding the fine, signed by the applicant, licensee, or permittee; andd. The name of a contact person within the office of operations support, bureau of licensing and certification;(3) If the applicant, licensee, or permittee does not request an administrative hearing as specified in (2)b. above, the department's decision to assess a fine shall become final after the 10 day period specified in (2)c. above and the fine shall be paid to the department no later than 10 days from that date;(4) When an administrative hearing is conducted and the department's decision to assess a fine is upheld, the fine shall be due and payable within 10 days of the date of the hearing officer's decision; and(5) The assessment of fines shall not prohibit the department from enforcing any conditions or any other enforcement action available to it under He-C 4002 or RSA 170-E.(b) The department shall assess fines in accordance with the following: (1) For failure to comply with the provisions of a license or permit, in violation of He-C 4002.05(a)(1), the fine shall be $200.00, plus $100.00 per day for each day for which the department has evidence that the program continues to fail to comply with the provisions of a license or permit, in violation of He-C 4002.05(a), after receipt of written notice of non-compliance from the department;(2) For a repeat citation for failure to comply with the provisions of a license or permit, in violation of He-C 4002.05(a)(1), the fine shall be $500.00, plus $100.00 for each day for which the department has evidence that the program continues to fail to comply with the provisions of a license or permit, in violation of He-C 4002.05(a), after receipt of written notice of non-compliance from the department;(3) For operating a child care program without a license or permit, in violation of RSA 170-E:4, I, the fine shall be $500.00, plus $100.00 per day for each day for which the department has evidence that the program continues to operate, in violation of RSA 170-E:4, I;(4) For continuing to operate a child care program after voluntarily closing, or for continuing to operate under an expired license after failing to submit a timely renewal application, in violation of RSA 170-E:4, I, the fine shall be $1,000.00, plus $100.00 per day for each day for which the department has evidence that the program continues to operate, in violation of RSA 170-E:4, I;(5) For continuing to operate a child care program after suspension, revocation, or denial of a license or permit, in violation of RSA 170-E, I, the fine shall be $2,000.00, plus $500.00 per day for each day for which the department has evidence that the former licensee or permittee continues to operate a child care program in violation of RSA 170-E:4, I;(6) 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 4002.05(k), (l), or (n)(4), 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;(7) For making false or misleading statements, either verbal or written, to the department, or for directing, requiring, or knowingly allowing any child care staff to make false or misleading statements to the department, or falsifying any documents, other written information, or reports issued by or required by the department, in violation of He-C 4002.05(m), the fine shall be $1000.00 per offense;(8) For failure by the applicant, licensee, or permittee, or by any child care staff at the direction of or on behalf of the applicant, licensee, permittee, center director, or site director, to cooperate during any visit authorized under RSA 170-E or He-C 4002, in violation of He-C 4002.05(n) the fine shall be $1000.00;(9) For failure to submit a corrective action plan, in violation of He-C 4002.06(f), the fine shall be $200.00;(10) For failure to implement or maintain the corrective action set forth in any corrective action plan that has been approved or issued by the department, in violation of He-C 4002.06(m), the fine shall be $250.00 per citation;(11) For failure to supervise each child in care, in violation of He-C 4002.20(a), the fine shall be $750.00;(12) For abusing or neglecting a child or children, or failing to protect a child or children from abuse or neglect by any individual when the licensee, permittee, center director, or site director, either knew or should have known about the abuse or neglect, in violation of He-C 4002.18(e)(1) and (f), the fine shall be $1000.00;(13) For using corporal punishment, or failing to protect children from corporal punishment in the child care program by any child care staff, household member, or other individual, when the licensee, permittee, center director, or site director either knew or should have known about the corporal punishment, in violation of He-C 4002.18(e)(3) and (f), the fine shall be $1000.00;(14) For using inappropriate discipline or rough handling children, or failing to protect children from inappropriate discipline or rough handling when the licensee, permittee, center director, or site director either knew or should have known about the inappropriate discipline or mistreatment, in violation of He-C 4002.18(e)(2), the fine shall be $500.00;(15) For failure to comply with the qualifications for a center director or site director, in violation of He-C 4002.35(j) and (p) respectively, when the non-compliance is not corrected within 5 business days of written notice of non-compliance from the department, the fine shall be $100.00, plus $100.00 for each day that the non-compliance continues;(16) For failure to complete the criminal background check process, in violation of RSA 170-E:7 and He-C 4002.41, the fine shall be $500.00, plus $100.00 per day when the non-compliance is not corrected within 5 business days and the employee, household member, or other individual continues to work in the program without having completed the criminal background check process;(17) For non-compliance of any statute or any rule which results in endangering one or more children, in violation of RSA 170-E:4, 2, the fine shall be $1000.00 for each citation, plus $200.00 per day for each day for which the department has evidence that the non-compliance continues after receipt of written notice of non-compliance from the department;(18) For a repeat citation of any rule not specified in (b)(3) through (17) above, the fine shall be $200.00;(19) Except for (b)(5) above, when an inspection results in a determination that non-compliance of RSA 170-E or He-C 4002 is a repeat citation of any of the rules specified in (b)(3) through (19) above, the fine shall be twice the amount as the original fine assessed, not including any applicable daily rates;(20) For the purposes of (b)(18) through (19) above, each incident of non-compliance shall constitute a separate citation subject to a separate fine; and(21) For non-compliance of any statute, or rule which results in physical injury to one or more children, or places one or more children in jeopardy of physical harm, the department shall assess a fine of $2,000.00 for each non-compliance, plus $500.00 per day that the non-compliance exits.N.H. Admin. Code § He-C 4002.45
#2664, eff 3-30-84, EXPIRED 3-30-90; New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97; New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08 (from He-C 4002.11); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff 11-6-17; Derived from Volume XLII Number 19, Filed May 12, 2022, Proposed by #13373, Effective 4/22/2022, Expires 4/22/2032 (formerly He-C 4002.10)