N.H. Admin. Code § Lot 8004.27

Current through Register No. 50, December 12, 2024

Section Lot 8004.27 - Revocation and Suspension of an Occupational License

(a) Pursuant to RSA 284:16 and RSA 284:16-a, the commission shall revoke any license for good cause, including:

(1) Failure to comply with the conditions of the license or this chapter;

(2) Failure to take corrective action following the suspension of a license;

(3) An inability or unwillingness to comply with RSA 284 or this chapter, as demonstrated by a pattern of violations;

(4) Failure to comply with the requirements set for in this chapter or any commission order;

(5) Providing false information to the commission, including willfully and knowingly making false statements or makes false entries in any books or records with respect to any transaction connected with the holding, operating, and conducting of any race event;

(6) Failure to remit any license fees or other amounts due to the state;

(7) Hindering or obstructing an authorized representative of the commission in the performance of official duties, such as refusing to access to the premises, or failing to produce any books, records or documents for review;

(8) Failing to pay any administrative, civil, or criminal penalties owed to the commission;

(9) Participating in illegal activities including illegal gambling, or permitting illegal gambling in the premises;

(10) Operating without a valid racetrack license in any state or commonwealth in the United States; or

(11) Any conduct, action, or failure to act that is:

a. Of a nature, quality or extent to effect or potentially effect:

1. The integrity of a race, or racing event; or

2. The public health, welfare, and safety within New Hampshire;

b. A knowing, willful, or intentional violation;

c. A violation that is chronic or part of a continuing pattern or practice of the licensee;

d. An indication of a recalcitrant violator or one that has engaged in a pattern of neglect or disregard with respect to applicable regulatory requirements;

e. An act that enabled the violator to benefit economically from the noncompliance; or

f. Intended to hinder the ability of the commission to determine compliance with any other applicable local, state or federal regulations, information requests, order or other requirements.

(b) When a license is revoked, the commission shall notify the licensee in writing of:

(1) The reason for revocation;

(2) The date that the revocation will be final unless a hearing is requested pursuant to (c) below.

(3) The licensee's right to request an adjudicative hearing to show compliance with all lawful requirements for the retention of the license, and that such a request shall be filed within 15 days of the date of the notice; and

(4) In the case of a notice of suspension, notification that if the deficiencies are not corrected within the specified time, the license shall be deemed revoked.

(c) The licensee shall have 15 days from the date of the notice pursuant to (b) above to request a hearing pursuant to Lot 200.

(d) If a license has been revoked, the commission shall not grant a request for reinstatement or renew a license until:

(1) The passage of the amount of time specified in the revocation order;

(2) The licensee submits a new application in accordance with this chapter;

(3) The licensee demonstrates that the cause for revocation no longer exist; and

(4) The licensee demonstrates that any corrective actions that were ordered by the commission have been fully implemented.

(e) The commission shall proceed to suspend a license if the commission determines that one or more reasons to revoke a license, as described in (a) above, exist, but:

(1) The licensee did not act with intent to deceive; and

(2) The deficiency(ies) can be corrected to conform to applicable requirements.

(f) The minimum period for suspension shall be that amount of time necessary for the licensee to take corrective action ordered by the commission and return to compliance.

(g) The commission shall reinstate a suspended license when:

(1) The licensee submits to the commission a written request for the license to be reinstated with documentation demonstrating that all of the corrective actions ordered by the commission have been taken; and

(2) The commission determines that all corrective actions have, in fact, been taken and the licensee has returned to compliance.

(h) A suspension shall have no effect upon the expiration of a license.

(i) If, after receiving a request for renewal of a license, the commission has information that indicates that a reason, as set forth in (c) above, exists to refuse to renew the license, the commission shall inform the licensee of the information and offer an opportunity for the licensee to respond to the information prior to a decision being made on the application for renewal.

(j) The commission shall not issue a license until such time as the reason(s) for the refusal to renew have been corrected.

N.H. Admin. Code § Lot 8004.27

Derived From Volume XXXVIII Number 23, Filed June 7, 2018, Proposed by #12544, Effective 6/1/2018, Expires 6/1/2028.