Section Liq 309.02 - Delisting Review Procedure(a) If a delisted product attains at least 85% of the gross profit requirements of Liq 308.02, vendors and manufacturers may request a review of a de-listing decision by submitting a letter to the commission stating the reason(s) for the review within 15 days from the receipt of the notice.(b) The commission shall respond in writing setting forth their decision with regard to the de-listing review and the reasons for their decision within 10 days from the receipt of the letter of appeal.(c) Certified mail shall be used by both parties in the de-listing review procedure.(d) The commission shall base their review on good cause which shall include but not be limited to the following criteria:(1) The product is packaged in a unique bottle or other container;(2) The product is a unique or proprietary item;(3) The price of the product fits the consumer requirements;(4) The product is manufactured or bottled in New Hampshire, and therefore whenever feasible shall receive preferential treatment pursuant to RSA 176:12;(5) Certain extenuating circumstances outside the control of the company such as strikes and clerical errors; or(6) The commission's supply of the product was shown to be inadequate during the test period to produce the required gross profit.(e) If good cause is shown, the commission shall:(2) Grant an extension for no more than 6 consecutive fiscal months; and(3) At the end of said extension, review the product for de-listing purposes.(f) Any appeals concerning a de-listing review and responses thereto shall be requested as provided by Liq 205.10(a), and conducted pursuant to Liq 205.10.N.H. Admin. Code § Liq 309.02
(See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07
New. #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13