New Hampshire § 487-7 - Section 487:7 Penalty; Administrative Fines.

§ 487-7. Section 487:7 Penalty; Administrative Fines.

I. Any person who violates any of the provisions of this chapter or of rules of the department adopted under this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. If any fine is imposed it shall constitute a lien against the boat on which the offense was committed whether or not the defendant is also the registered owner or operator of said boat unless said boat was used without permission of the owner. II. The commissioner of environmental services, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense, upon any person who violates any provision of this chapter, any lawful rule of the department adopted under this chapter, or any lawful order issued by the department pursuant to this chapter. 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 this chapter. The proceeds of administrative fines levied pursuant to this paragraph shall be deposited by the department in the general fund. 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 violations of this chapter. (b) Procedures for notice and hearing prior to the imposition of an administrative fine. III. Any person who shall violate any provisions of this chapter, or any lawful rule of the department adopted under this chapter, or who shall fail, neglect, or refuse to obey any order lawfully issued pursuant to this chapter, shall be subject to a civil penalty not to exceed $10,000 per day of such violation. IV. The department shall issue a written cease and desist order against any act in violation of this chapter or lawful rule of the department adopted under this chapter, and any such act may be enjoined by the superior court upon application of the attorney general.