[§431:9A-127]  Fine in lieu.  (a)  Upon
the hearing of an appeal from an order imposing any sanction upon a licensee in
accordance with section 431:9A-112, the court may impose a fine of not more
than $10,000 in lieu of the commissioner's action, and payment of that fine
within ten days of the court's order shall result in the acceptance of the
licensee's application or the reinstatement, restoration, or extension of that
license if:



(1)  The court finds that the licensee violated the
law; and



(2)  The court deems the sanction imposed too severe a
penalty under the facts as found.



(b)  If the licensee has previously been
sanctioned for a similar offense, the court shall not have jurisdiction to
impose a fine in lieu of the commissioner's action. [L 2001, c 216, pt of §2]