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

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

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

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