(a) If, after reviewing testimony and any other evidence obtained in writing or conferences, the department or department staff involved in the damage prevention program determines that a violation of RSA 374:48-56, or En 800 has occurred, the department or department staff involved in the damage prevention program shall issue a notice of violation (NOV) to the respondent pursuant to RSA 374:55, VII.
(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 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, and any other 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 374:48-56.
Source. #7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17