En 510.08 Notice of Violation

En 510.08 Notice of Violation.#

(a)If the department staff, after reviewing evidence and testimony obtained in writing or in conferences, determines that a violation of RSA 370:2, RSA 362:4-b, or En 500 has occurred, the department staff shall issue a notice of violation (NOV) to the respondent.#

(b)The NOV so issued shall include:#

(1)The factual and statutory basis for the unfavorable preliminary determination;#

(2)A description of factors relied upon by department staff in making its determination, such as the size of the business of the utility, gravity of the violation, history of prior violations, degree of culpability of the respondent, how quickly the respondent took action to rectify the situation, cooperativeness of respondent, history of prior violations, effect of penalty on the utility, and any other identifiable factors which would tend to either aggravate or mitigate the violation;#

(3)The civil penalty, if any, proposed to be imposed;#

(4)Procedures for remitting penalty; and#

(5)Statutory rights of the respondent as enumerated in RSA 374:7-a.#

Source. #13796, eff 10-25-23#