N.H. Admin. Code § Lot 8202.03

Current through Register No. 44, October 31, 2024

Section Lot 8202.03 - Suspensions, Revocations, and Refusals to Renew an HHR License

(a) Disciplinary measures available to sanction misconduct shall include:

(1) Imposition of an administrative order or fine;

(2) Suspension of a license for a period of up to one year; and

(3) Revocation of a license.

(b) Prior to taking adjudicative action, the commission shall send to the applicant, licensee, or person practicing without a license a written notice, which states:

(1) The intended action;

(2) The reason(s) for the intended action;

(3) The right to request an administrative appeal; and

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

(c) Except as otherwise allowed by RSA 541-A:30, III, the commission shall impose disciplinary sanctions only:

(1) After prior notice to the licensee and the opportunity for him or her to be heard per the requirements of RSA 541-A:30, II; or

(2) By agreement in a settlement between the commission and the licensee made pursuant to L 200.

(d) The commission shall apply the following factors to determine whether to take administrative action:

(1) The seriousness of the offense;

(2) Prior disciplinary record(s);

(3) Previous and subsequent patterns of conduct;

(4) Acknowledgment of his or her wrongdoing;

(5) Willingness to cooperate with the commission;

(6) Action taken to correct the problem;

(7) The purpose of the rule or statute that was violated;

(8) The potential harm to public health, safety and welfare, or the integrity of charitable gaming New Hampshire; and

(9) The nature and extent of the enforcement activities required of the commission as a result of the offense.

(e) The commission shall select appropriate sanction(s) by choosing the sanction(s) most likely to:

(1) Protect public health, safety or welfare;

(2) Prevent future misconduct;

(3) Correct the attitudinal, educational, or other deficiencies which led to the misconduct;

(4) Encourage the responsible practices of operating a charitable gaming event; and

(5) Ensure the integrity of charitable gaming in New Hampshire.

(f) Except as provided in (j) below, the following violations shall be considered grounds for revocation an HHR license:

(1) Failure to comply with the conditions of the HHR license or this chapter, including maintaining valid game operator employer license;

(2) Failure to take corrective action following the suspension of a game operator employer or HH license;

(3) An inability or unwillingness to comply with RSA 287-D, Lot 7200, RSA 284, or this chapter, demonstrated by a pattern of violations;

(4) Failure to comply with the requirements set forth in Lot 7200 or this chapter or any commission order to submit records, bank statements, or any other paraphernalia associated with the operation historic horse racing;

(5) Providing false information to the commission, including willfully and knowingly making false statements or making false entries in any books or records with respect to any transaction connected with charitable gaming or the holding, operating, and offering of pari-mutuel wagers on any history horse races;

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

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

(8) Failure to comply with the terms and conditions of an administrative order issued by the commission in accordance with RSA 287-D:23, VIII;

(9) Failure to pay any sum owed to the commission as a result of administrative, civil or criminal penalties;

(10) Any conduct by the HHR licensee that undermines the public confidence in charitable gamin or serves the interest of organized gambling or crime and criminals in any manner;

(11) Manipulating the outcome of any game or otherwise compromising the integrity of charitable gaming or historic horse racing;

(12) Participating in illegal activities including possessing illegal gambling equipment, or permitting illegal gambling in the premises;

(13) Willfully and knowingly conducting business with unauthorized entities or individuals;

(14) Any material violation of RSA 287-D or RSA 284, as it applies to charitable gaming, history horse racing, or this chapter; or

(15) Operating games or wagers without a valid license or other governmental authority in any state or commonwealth in the United States.

(g) Upon the effective date of the revocation, the HHR licensee shall immediately cease holding itself out to the public as an HHR licensee of the commission, and cease engaging in any act for which HHR licensing required.

(h) Failure to comply with (g) above shall constitute separate grounds for further disciplinary action.

(i) If an HHR license has been revoked, the commission shall not issue a subsequent HHR license until:

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

(2) The HHR licensee submits an application in accordance with this chapter;

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

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

(j) Grounds for a suspension shall exist when one or more violations are grounds for HHR licensee revocation, as set forth in (f) above, but the HHR licensee did not act with the intent to deceive, and the deficiencies can be corrected to conform to applicable requirements.

(k) Upon the effective date of the suspension, the HHR licensee shall immediately cease engaging in an act for which an HHR license is required until the commission grants reinstatement pursuant to (n) below.

(l) Failure to comply with (k) above shall constitute separate grounds for further disciplinary action.

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

(n) The commission shall reinstate a suspended HHR license when:

(1) The HHR licensee submits to the commission a written request for the HHR license to b 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 HH licensee has returned to compliance.

(o) If the commission does not grant the request for reinstatement it shall so notify the petitioner an provide the opportunity for a hearing.

(p) A suspension shall have no effect upon the expiration of an HHR license.

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

(r) The commission shall not issue an HHR license until such time as the reason(s) for the refusal have been corrected.

(s) Within 15 days of the date on the notice issued pursuant to (b) above, the recipient of the notice shall submit a written response to the commission that indicates that the recipient either:

(1) Waives their right to an adjudicative hearing; or

(2) Requests an adjudicative hearing.

(t) If the commission receives a written request for an adjudicative hearing in accordance with (d) above the commission shall proceed in accordance with the provisions of RSA 541-A, and Lot 200 as they apply adjudicative proceedings.

(u) If a recipient of a notice fails to submit a response in accordance with (s) above, the recipient shall b deemed to have waived the right to an adjudicative hearing, and the penalty shall be affirmed.

(v) If a recipient of a notice submits a request for an adjudicative hearing in accordance with (s) above, n action shall be imposed on the individual pending the completion of an adjudicative process conducted accordance with RSA 541-A:31 through 36, and Lot 200.

(w) If any participant who receives notice of an adjudicative hearing fails to appear at the hearing, the hearings officer shall hear the evidence and testimony of the participant(s) attending the hearing and render a opinion based thereon.

(x) Any person aggrieved by a decision of the commission to deny, suspend, or revoke an HHR license may apply to the commission for a rehearing within 15 business days of the decision.

(y) The commission shall provide all notices and conduct all hearings in accordance with the requirement set forth in RSA 541-A, Lot 200, and this part, as applicable.

N.H. Admin. Code § Lot 8202.03

Derived from Volume XLII Number 6, Filed February 10, 2022, Proposed by #13330, Effective 1/22/2022, Expires 1/22/2032.