2009 SESSION
10/03
HOUSE BILL 405
AN ACT relative to authority for administrative fines by the electricians’ board and relative to appeals from decisions of the electricians’ board and the plumbers’ board.
SPONSORS: Rep. T. Russell, Rock 13; Rep. Pantelakos, Rock 16; Rep. E. Merrick, Coos 2; Rep. Henson, Rock 13; Rep. J. Day, Rock 13
COMMITTEE: Executive Departments and Administration
This bill adds authority to adopt rules on and impose administrative fines to the electricians’ board.
This bill also removes appeals from the electricians’ and plumbers’ boards from the state building code review board.
This bill was requested by the electricians' board.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0304
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to authority for administrative fines by the electricians’ board and relative to appeals from decisions of the electricians’ board and the plumbers’ board.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Building Code Review Board; Appeals; Electricians’ and Plumbers’ Boards Removed. Amend the section heading of RSA 155-A:11-a and RSA 155-A:11-a, I to read as follows:
155-A:11-a Appeal of Decisions of the [Electricians’ Board and the State Board for the Licensing and Regulation of Plumbers] Board of Home Inspectors.
I. The state building code review board shall hear appeals of final decisions of [the board established under RSA 319-C:4, the board established under RSA 329-A:3, and] the board established under RSA 310-A:186.
2 New Paragraph; Electricians’ Board; Rulemaking. Amend RSA 319-C:6-a by inserting after paragraph VII the following new paragraph:
VII-a. The establishment and imposition of administrative fines pursuant to RSA 319-C:12, III(e);
3 Electricians; Fees. Amend RSA 319-C:6-b to read as follows:
319-C:6-b Fees and Fines. The board, with the approval of the commissioner of safety, shall establish application fees for examination of applicants, fees for licensure, for renewal, and for late renewal of licenses to practice under this chapter, and for transcribing and transferring records and other services. The fee for examination shall not include fees charged by and paid to an examination entity approved by the board. The fees established by the board shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board for the previous fiscal year. Fees and administrative fines collected shall be deposited in the fire standards and training and emergency medical services fund, established in RSA 21-P:12-d, and used for the purposes of operating expenses of the electricians’ board. [Fees collected in excess of actual operating expenses shall be deposited in the general fund as unrestricted revenue.]
4 Rulemaking; Administrative Fine Authority. Amend RSA 319-C:12, III(d) to read as follows:
(d) By requiring the person to participate in a program of continuing education in the area or areas in which he has been found deficient[.] ; or
(e) By assessing administrative fines, after notice and opportunity for a hearing, in amounts established by the board which shall not exceed $2,000 per offense, or, in the case of continuing offenses, $200 for each day, whichever is greater.
5 New Paragraph; Violations; Penalty. Amend RSA 319-C:15 by inserting after paragraph I the following new paragraph:
I-a. In addition to the penalty in paragraph I, the board may impose a civil penalty not to exceed $2,000 per offense, or, in the case of continuing offenses, $200 for each day, whichever is greater, upon any person required by this chapter to be licensed or registered by the board and who violates any provision of this chapter.
6 Electricians; Appeals. RSA 319-C:12-b is repealed and reenacted to read as follows:
319-C:12-b Appeal from Board’s Decision.
I. A party to a proceeding shall have the right to file a petition in the superior court to review the final decision or order of the board within 30 days of the date of the final decision or order.
II. The court shall review the record as developed before the board, together with any written legal argument presented to the court. Based on its review, the court may affirm or reverse the decision of the board or order that oral argument be held. As justice may require, the court may remand the case to the board for further findings and rulings. The petition for appeal shall set forth all the grounds upon which the final order is sought to be overturned. Issues not raised by the appellant before the board shall not be raised before the superior court. The burden of proof shall be on the appellant to show that the decision of the board was clearly unreasonable or unlawful.
III. No new or additional evidence shall be introduced in the superior court, but the case shall be determined upon the record and evidence transferred, except that in any case, if justice requires the review of evidence which by reason of accident, mistake, or misfortune could not have been offered before the board, the superior court shall remand the case to the board to receive and consider such additional evidence.
7 Repeal. RSA 329-A:12-a, relative to appeals from decisions of the state board for the licensing and regulation of plumbers, is repealed.
8 Effective Date. This act shall take effect January 1, 2010.