§431:9-240  Fine in lieu.  (a)  Upon the hearing of an appeal from an order suspending, revoking, or refusing to extend any license issued under this article, the court may impose a fine of not more than $10,000 in lieu of the commissioner's action, and payment of the fine within ten days shall reinstate, restore or extend, the license if:

     (1)  The court finds that the licensee is guilty of violation of the law; and

     (2)  The court deems the suspension, revocation, or refusal too severe a penalty under the facts as found.

     (b)  If it appears that a license of the licensee has previously been suspended, revoked, or refused for a similar offense, the court shall not have jurisdiction to impose a fine in lieu of the commissioner's action. [L 1987, c 347, pt of §2]