JBMat, I think thats where NH leads. IIRC, CO does the same thing-if you are found negligent, you pay. Going out unprepared is negligence. If you are a freeclimber, and need rescuing, that may be different than two morons attempting Mt. Washington in November, carrying nothing more than beer. I know in NH its a case by case basis, and experts from S&R get to weigh in with their comments. Again though, you get called out, you go. What they do afterwards is up to the law. People arent denied S&R-most who get stuck dont even know there is a potential for a fine-if they did, they likely wouldve been prepared
