New Hampshire Revised Statutes 12-A:2-c – Rulemaking; Administrative Fines
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I. The commissioner shall adopt rules under N.H. Rev. Stat. Chapter 541-A governing use by the public of state forests, parks, or any other land or buildings operated by the department of natural and cultural resources. This shall include, but not be limited to, the commissioner’s responsibilities under N.H. Rev. Stat. Chapter 216 and 227-H.
II. Such rules shall include, but not be limited to:
(a) Conduct of persons using the property, including prohibitions or restrictions on use, restrictions on smoking, or transportation of any substances, articles, or other matter.
(b) Use of vehicles, including, but not limited to, restrictions on parking and speed.
(c)-(e)[Repealed.]
(f) Imposition of administrative fines under paragraph IV.
III. If so specified in any rule, persons violating that rule may be evicted from the property and shall be guilty of either a violation or a misdemeanor as stated in the specific rule.
IV. The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $250 for each offense upon any person who violates any provision of the department’s administrative rules. Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under RSA 227-J. The commissioner shall adopt rules, under RSA 541-A, relative to:
(a) A schedule of administrative fines which may be imposed under this paragraph for violation of the department’s administrative rules.
(b) Procedures for notice and hearing prior to the imposition of an administrative fine.
V. The proceeds of administrative fines levied pursuant to paragraph IV shall be deposited by the commissioner into the forest management and protection fund established under N.H. Rev. Stat. § 227-G:5, I for violations of forest management and protection rules, or into the state park fund established under N.H. Rev. Stat. § 216-A:3-i for violations of parks and recreation rules.
II. Such rules shall include, but not be limited to:
Terms Used In New Hampshire Revised Statutes 12-A:2-c
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(a) Conduct of persons using the property, including prohibitions or restrictions on use, restrictions on smoking, or transportation of any substances, articles, or other matter.
(b) Use of vehicles, including, but not limited to, restrictions on parking and speed.
(c)-(e)[Repealed.]
(f) Imposition of administrative fines under paragraph IV.
III. If so specified in any rule, persons violating that rule may be evicted from the property and shall be guilty of either a violation or a misdemeanor as stated in the specific rule.
IV. The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $250 for each offense upon any person who violates any provision of the department’s administrative rules. Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under RSA 227-J. The commissioner shall adopt rules, under RSA 541-A, relative to:
(a) A schedule of administrative fines which may be imposed under this paragraph for violation of the department’s administrative rules.
(b) Procedures for notice and hearing prior to the imposition of an administrative fine.
V. The proceeds of administrative fines levied pursuant to paragraph IV shall be deposited by the commissioner into the forest management and protection fund established under N.H. Rev. Stat. § 227-G:5, I for violations of forest management and protection rules, or into the state park fund established under N.H. Rev. Stat. § 216-A:3-i for violations of parks and recreation rules.