Statutory Authority:
RSA 12-A:2-c, I, II,
PART
Res 7801 FINES RELATING TO
Res 7801.01 Applicability. The provisions of Res 7802 shall apply to all
department of resources and economic development (DRED) properties listed in
Res 101.06, and subsequent properties and easements upon acquisition, and to
all listed conservation or trail easement properties held by DRED to the extent
that these provisions apply to the rights granted to the state or the
restrictions placed on the property.
Source. #10534, eff 3-1-14
PART Res
7802 ADMINISTRATIVE FINES
Res 7802.01 Statement of Purpose. The purpose of these rules is to provide direction from the commissioner of the department of resources and economic development for the determination of appropriate administrative fine amounts for various violations under Res 7300, Res 7400, and Res 8500. It is also to insure, to the fullest extent practicable, that generally comparable administrative fine amounts will be assessed throughout the DRED properties.
Source. #10534, eff 3-1-14
Res 7802.02 Enforcement.
(a) Infractions committed under Res 7300, Res
7400, or Res 8500 shall be reported by authorized DRED enforcement personnel as described in Res 7802.03.
(b) For the purposes of this rule, “authorized DRED enforcement personnel” means:
(1) The department commissioner;
(2) For the division of forests and lands:
a. The director of forests and lands;
b. The bureau administrators or chiefs;
c. The forest regional and district supervisors;
d. The forest supervisors, including equipment
operator supervisors;
e. The forest managers;
f. The forest rangers; and
g. The forest patrol or forester;
(3) For the division of parks and recreation:
a. The director of parks and recreation;
b. The bureau administrators or chiefs;
c. The park or trails regional and district
supervisors;
d. The park or trails supervisors, including
equipment operator supervisors;
e. The park managers;
f. The ski patrol and ski lift attendants;
g. The state park patrol staff responsible for
parking meter enforcement;
h. The state park mountain patrol;
i. The Hampton Beach state park lifeguards
authorized to make decisions on behalf of the department; and
(4) State police; and
(5) For authorized municipalities acting under
written agreement executed by the department commissioner pursuant to RSA
12-A:1-d, II, the municipal police and emergency department staff, as
identified, and only upon those DRED properties identified in the agreement.
Source. #10534, eff 3-1-14
(a) Any person who is charged with committing a
violation of any rule or statute cited in Res 7802.04 shall be issued an
official notice. Such notice shall
constitute notice of the violation.
(b) Each notice shall contain the following:
(1) The
person’s name, company name, if applicable, address, and date of birth;
(2) A
description of the alleged violation;
(3) The statute
or rule allegedly violated;
(4) The date
and time of the alleged violation;
(5) The
location of the alleged violation;
(6) An
indication of the administrative fine amount for such violation;
(7) Notice of a
right to an administrative hearing as authorized by RSA 541-A:31;
(8) Indication
that the official notice was served in hand by the authorized DRED enforcement
personnel;
(9) The signature and badge number, if applicable, of
the authorized DRED enforcement personnel; and
(10) An
appropriate space for the person to either admit or deny the substance of the
violation.
(c) Any person who is disciplined by a written
warning shall not be subject to administrative action or fine, provided that
the person shall take the appropriate action to remedy the violation(s) which
prompted the issuance of the written warning.
All written warnings shall be reported to the director in the form of a
remedial-action report.
(d) Each written warning shall contain the
following:
(1) The
person's name, company name, if applicable, address, and date of birth;
(2) A
description of the alleged violation;
(3) The statute
or rule allegedly violated;
(4) The date
and time of the alleged violation;
(5) The
location of the alleged violation;
(6) A
description of the required action for remedy; and
(7) Indication
that the official notice was served in hand by the authorized DRED enforcement
personnel; and
(8) The signature and badge number, if applicable, of
the authorized DRED enforcement personnel.
(e) Any person who has been charged with a
violation shall answer the notice personally or by mail within 20 days of the
date of the issuance of an official notice and shall provide the director of
forests and lands or the director of parks and recreation, as appropriate, with
an administrative plea to the charges. However, no answer shall be required
in the case of an issuance of a written warning. Pleas
shall be limited to consent or objection.
Consent pleas shall include full payment of any fine due, in accordance
with Res 7802.05.
(f) The department shall hold an adjudicative
hearing in accordance with the provisions of Res 200 for any person who enters
an administrative plea of objection to the charges.
Source. #10534, eff 3-1-14
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RULE
SUBJECT |
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Res 7301.08
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relative to animals, except for:
(1) Violations occurring at seacoast beaches,
which shall be charged under Tier 2
(2) Violations occurring at Monadnock state park, which
shall be charged under Tier 3
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Res 7301.09
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relative to equine and other animals used for
utility
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Res 7301.12
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relative to games
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Res 7301.13
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relative to soliciting
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Res 7301.15(b),(d)
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relative to littering and sanitation, littering only,
except for:
(1) Littering occurring at seacoast beaches, which
shall be charged under Tier 2 |
Res 7301.16
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relative to motor vehicles
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Res 7301.17
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relative to boats
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Res 7301.18
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relative to permitted use on trails
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Res 7301.19
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relative to metal detectors
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Res 7301.20
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relative to digging
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Res 7301.21
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relative to mineral collecting
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Res 7301.23
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relative to group use
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Res 7301.26
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relative to geocaching and letterboxing
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Res 7301.27
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relative to lost and found items
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Res 7301.28
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relative to feeding of wildlife
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Res 7301.29
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relative to smoking
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Res 7302.02
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relative to camping
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Res 7302.03
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relative to camping permits
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Res 7302.04
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relative to campers
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Res 7303.02
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relative to waterfront parks: swimming
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Res 7303.03
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relative to waterfront parks: glass bottles
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Res 7303.04
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relative to waterfront parks: beach fires
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Res 7303.05
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relative to waterfront parks: swimming and
floatation equipment
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Res 7303.06
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relative to waterfront parks: digging
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Res 7303.07
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relative to waterfront parks: scuba diving
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Res 7303.08
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relative to waterfront parks: swimming instruction
and handicapped swimming programs
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Res 7303.09, except
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relative to seacoast parks and beaches, excluding
alcohol, surfing, and air- and watercraft
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Res 7304.02
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relative to trail use limitations in the state
operated ski area
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Res 7304.03
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relative to ski lifts
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Res 7304.04
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relative to ski equipment
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Res 7304.06
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relative to alcoholic beverages in the state
operated ski area
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Res 7304.07
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relative to ski tickets
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Res 7305.02
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relative to trail use limitations on the Franconia
Notch recreational trail
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Res 7305.04
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relative to limits on the Franconia Notch
recreational trail
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Res 7305.05
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relative to trail uses not permitted on the
Franconia Notch recreational trail
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Res 8502.04 (a), (b)
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relative to parking restrictions under the bureau
of trails
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RULE
SUBJECT |
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Res 7301.05
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relative to the
protection of natural features and property
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Res 7301.08
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relative to animals, violations occurring at seacoast
beaches
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Res 7301.15(b),(d)
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relative to littering occurring at seacoast
beaches
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Res 7301.24
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relative to fireworks
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Res 7301.25 (c),(d),(f)
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relative to alcoholic
beverages at Pawtuckaway,
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Res 7303.09(h),(j),(k)
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relative to seacoast
parks and beaches: surfing and air- or watercraft
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Res 7305.06
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relative to the
protection of natural habitats
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Res 7404.01
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relative to group
reservation required
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Res 7406.01
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relative to use of DRED
lands, facilities, and resources
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Res 7301.03
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relative to obeying the authority of DRED personnel
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Res 7301.04(a)(1),(2)
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relative to resisting or refusing eviction from the property and
failing to restore damaged property
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Res 7301.06
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relative to the protection of historic resources
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Res 7301.07
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relative to restrictions in public use
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Res 7301.08(g)(1)
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relative to violations occurring at Monadnock state park
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Res 7301.10
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relative to hunting
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Res 7301.11
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relative to target shooting
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Res 7301.14
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relative to fires
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Res 7301.15(a),(c)
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relative to littering and sanitation, excluding littering
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Res 7301.22
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relative to constructing or erecting structures and signs
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Res 7301.25(a),(e)
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relative to alcoholic beverages at seacoast beaches and
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Res 7301.30
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relative to reckless conduct on DRED properties
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Res 7302.05
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relative to camping: resisting or refusing eviction from the property
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Res 7303.09 (b)
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relative to seacoast parks and beaches: alcohol
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Res 7304.08
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relative to reckless conduct at the state operated ski area
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Res 7305.03
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relative to motor vehicle use on the Franconia Notch recreational trail
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Res 7305.06
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Protection of Natural Habitats: High-elevation protected wildlife habitat
zones at Franconia Notch state park
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Res 7403.01
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relative to special use permit required
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Res 7407.01
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relative to the failure to comply with the suspension of use of DRED
lands, facilities, and resources
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Res 8502.04(c)
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relative to parking restrictions under the bureau of trails
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Res 8502.03
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relative to bureau trail restrictions
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Res 8503.02
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relative to snowmobile trail restrictions
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Res 8504.02
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relative to ATV and trail bike trail restrictions
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Source. #10534, eff 3-1-14
Res 7802.05 Administrative Fine Payments.
(a) Any person who provides the director with an administrative plea to consent to the
charge of a violation pursuant to Res 7802.04(e), shall also pay the
administrative fine, received within 20 days from the date of the notice of
violation. If paying by check or money
order, the fine shall be made payable to treasurer, state of
(b) Administrative fine payments shall be mailed or hand-delivered to:
Department of
Resources and Economic Development
Division of
Forests and Lands or Division of Parks and Recreation (as appropriate)
Administrative
Fines
Source. #10534, eff 3-1-14
Res 7802.06 Non-payment of Fines. Administrative fine payments not received within 20 days of the notice of violation in uncontested cases or within 20 days where a ruling has been made against the person shall be charged a non-payment fine in addition to the original fine amount as follows:
(a)
After 20 days but prior to 30 days, the fine amount shall be $25.00;
(b)
After 30 days but prior to 50 days, the fine amount shall be $50.00; and
(c)
After 50 days the fine amount shall be $75.00.
(d)
After 75 days the matter shall be forwarded to state attorney general’s
debt recovery office pursuant to RSA 7:15-a.
Source. #10534, eff 3-1-14
Res 7802.07 Previous Offenses. If a person has not committed the same
offense in 7 years, the next offense shall be considered as a first offense.
Source. #10534, eff 3-1-14
APPENDIX
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Rule |
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Res 7801.01 |
RSA 12-A:2-c, I |
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Res 7802.01 through Res 7802.06 |
RSA 12-A:2-c, II(f) and IV; RSA 215-A:3-b, I; RSA
215-C:3-a, I; and RSA 227-G:4, V. |
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