N.H. Admin. Code § Lot 7204.01

Current through Register No. 36, September 5, 2024

Section Lot 7204.01 - Background and Criminal Records Checks

(a) In accordance with RSA 287-D:12, all applicants for a license pursuant to this chapter shall submit to the commission:

(1) A completed and notarized NH State Police Criminal Records Release Authorization Form (DSSP392 rev. 5/2017) obtained from the commission authorizing the release of the applicant's criminal history record;

(2) A complete set of fingerprints taken by a qualified law enforcement agency, as follows:

a. If fingerprints are captured via ink impressions, the FBI FD-258 fingerprint card issued by the NH state police; or

b. If fingerprints are digital captured via a Livescan device, the original Livescan Site Form; and

(3) Payment of the criminal history record, payable to the "State of NH - Criminal Records" and in the amount established by the NH state police.

(b) The requirements of (a) above shall apply to the following individuals:

(1) All individuals listed in Lot 7203.01(c)(4) when seeking a charitable organization license;

(2) All individuals listed in Lot 7203.03(d) when seeking a game operator employer license;

(3) The applicant when seeking a primary or secondary game operator license; and

(4) All individuals listed in Lot 7203.07(c) when seeking a facility license.

(c) Pursuant to 28 CFR 16.34, if, after reviewing the FBI Identification Record, often referred to as a "rap sheet", the applicant believes that it is incorrect or incomplete in any respect and wishes changes, corrections, or updating of the alleged deficiency, the applicant may:

(1) Make application directly to the agency which contributed the questioned information; or

(2) Direct his/her challenge as to the accuracy or completeness of any entry to the FBI, Criminal Justice Information Services (CJIS) Division, ATTN: SCU, Mod. D-2, 1000 Custer Hollow Road, Clarksburg, WV 26306.

(d) For the purposes of this section, a conviction from a jurisdiction outside of New Hampshire shall be classified as a felony or misdemeanor based on the classification of the equivalent offense in the state of New Hampshire at the time of that conviction.

N.H. Admin. Code § Lot 7204.01

Derived from Volume XXXIX Number 32, Filed August 8, 2019, Proposed by #12839, Effective 7/27/2019, Expires 7/27/2029.