Section Pari 1113.03 - Administrative Fine Schedule(a) For the purposes of this section, a "minor violation" means conduct, action, or failure to act by any person, entity, applicant or licensee individual, or entity that was not:(1) Of a nature, quality, or extent to effect or potentially effect the integrity of the charitable game(s) being conducted;(2) Of a nature, quality or extent to cause or potentially cause harm to the interest of the state or the charitable organization;(3) A knowing, willful, or intentional violation;(4) A violation that is chronic or part of a continuing pattern or practice of the licensee;(5) An indication of a recalcitrant violator or one that has engaged in a pattern of neglect or disregard with respect to applicable regulatory requirements;(6) An act that enabled the violator to benefit economically from the noncompliance; or(7) Intended to hinder the ability of the commission to determine compliance with any other applicable local, state or federal regulation, information request, order or other requirement.(b) Minor violations shall include, but not be limited to:(1) Failing to prominently display documents, as required by Pari 1105.04(b);(2) Selling lucky 7 tickets to an individual under the age of 18, as prohibited by RSA 287-E:21 and Pari 1106.03(f); or(3) Allowing individuals who are not bona fide members or salaried employees to sell lucky 7 tickets.(c) The commission shall impose a fine of no less than $25, and no more than $500 per "minor" violation committed by any person, entity, applicant or licensee.(d) For the purposes of this section, a "moderate violation" means conduct, action, or failure to act by any person, entity, applicant, or licensee that exceeds the strict definition of a minor violation, as define in (a) above, but do not meet the level of severity of a major violation, as defined in (g) below.(e) Moderate violations shall include, but not be limited to:(1) Failing to submit any reports by the due date. Each different type of report or record requested but not provided shall constitute a separate violation subject to a separate fine;(2) Reopening a deal after it has been closed;(3) Operating games in a manner that differs from the house rules approved by the commission;(4) Failing to maintain the lucky 7 ticket dispensing devices in proper, working order; or(5) Committing 3 or more minor violations within 2 years.(f) The commission shall impose a fine of no less than $250, and no more than $1,500 per moderate violation committed by any person, entity, applicant or licensee.(g) A "major violation" means conduct, action or failure to act by any person, entity, applicant, or licensee that is:(1) Of a nature, quality, or extent to effect or potentially effect the integrity of the charitable game(s) being conducted;(2) Of a nature, quality or extent to cause or potentially cause harm to the interest of the state or the charitable organization;(3) A knowing, willful or intentional violation;(4) A violation that is chronic or part of a continuing pattern or practice of the licensee;(5) An indication of a recalcitrant violator or one that has engaged in a pattern of neglect or disregard with respect to applicable regulatory requirements;(6) An act that enabled the violator to benefit economically from the noncompliance; or(7) Intended to hinder the ability of the commission to determine compliance with any other applicable local, state or federal regulation, information request, order or other requirement.(h) Major violations shall include, but not be limited to:(1) Establishing, maintaining, operating, or otherwise offering a lucky 7 tickets for sale without a license, or with a suspended license;(2) Falsifying a lucky 7 license;(3) Putting a ticket into play that have been altered or tampered with(4) Operating a game in a manner that tends to deceive the public or affect the chances of winning or losing.(5) Failing to maintain records that adequately record, track and reconcile all lucky 7 ticket sales and voids, as required by Pari 1105.04(k);(7) Failing to make available any records required by the commission for investigation, monitoring or licensing purposes, as required by Pari 1105.04(s);(8) Furnishing or making false or misleading statements or reports to the commission, or directing, requiring or knowingly allowing another member or personnel of the organization or entity to furnish or make false or misleading statements or report to the commission;(9) Failing to cooperate during any visit authorized under RSA 287-E or this chapter;(10) Failing to maintain a separate checking account at a NH financial institute for bingo and lucky 7 activities, as required by Pari 1107.01(b); or(11) Committing 5 or more minor violations or 3 or more moderate violations within 2 years.(i) The commission shall impose a fine of no less than $1,000, and no more than $5,000 per violation of each major violation committed by any person, entity, applicant or licensee:(j) In determining the actual amount of a fine, the commission shall consider:(1) The degree of non-compliance;(2) Prior history of violations of the same or similar nature;(3) The consequences of the violation, including the economic impact to the state and other affected parties;(4) The nature and persistence of the violation;(5) The extent of any remedial or corrective action taken;(6) The good or bad faith exhibited by the cited individual(s);(7) Evidence that the violation was willful;(8) The extent to which the individual cooperated with the board's investigation;(9) The cost of any investigation or hearing conducted by the commission;(10) The licensee's ability to pay a fine assessed by the commission; and(11) Any other mitigating or aggravating factors.(k) Except as otherwise noted, the penalties prescribed in (a)-(j) above shall be imposed for each day that the person, entity, applicant, or licensee is not in compliance, beginning with the date that the notification described in Pari 1113.01(a) above is issued and continuing for each day of non-compliance, or until the date of compliance.(l) Payment of any imposed administrative fine to the commission shall meet the following requirements:(1) If the recipient of a notice described in Pari 1113.01(a) above waives or is deemed to have waived his or her right to an adjudicative hearing, the respondent shall pay the fine by the date specified in the notice, which shall not be less than 15 days from the date of the notice of the proposed fine;(2) If an adjudicative hearing is conducted and the commission's decision to assess a fine is upheld, the fine shall be due and payable within 10 calendar days of the date of the decision, or such longer time period as is specified in the decision;(3) Payment shall be made in the form of personal check or money order which is made payable to "Treasurer, State of New Hampshire," or cash in the exact amount due;(4) Any payment submitted to the treasury department in the form of a check or money order and returned to the state for any reason shall be processed in accordance with RSA 6:11-a; and(5) Cash, money order, or certified check shall be required when any past payment to the commission by personal check has been returned for insufficient funds.(m) Nonpayment of a fine by a licensee or respondent in contravention of an order, agreement or promise to pay, shall be a separate ground for discipline by the commission, a basis for denying a subsequent license or renewal application, and a basis for judicial action seeking to collect the fine.(n) If a licensee or respondent fails to pay a fine in accordance with (l) above, the fine shall be $100, plus an additional fine of $50.00 per day for each day for which the commission does not receive payment in full.(o) If a licensee corrects and then subsequently repeats a violation for which a fine was previously issued in accordance with (a)-(n) above, the fine shall be doubled from that of the previous fine such that, for example, an original fine of $100 shall become $200 for the first time the offense is repeated, $300 for the second time the offense is repeated, $400 for the third time the offense is repeated, and so on.N.H. Admin. Code § Pari 1113.03
Derived From Volume XXXVII Number 6, Filed February 9, 2017, Proposed by #12095, Effective 1/27/2017, Expires 1/27/2027.