N.H. Admin. Code § Lot 7209.01

Current through Register No. 36, September 5, 2024

Section Lot 7209.01 - Penalties

(a) Pursuant to RSA 287-D:23, III, VIII, and IX, 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) Other than the immediate suspension of a license, 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:31, II; or

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

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

(d) 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, notification that if the deficiencies are not corrected within the specified time, the license shall be deemed revoked.

(e) The commission shall apply the following factors to determine which sanction or combination of sanctions to impose:

(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; and

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

(f) 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.

N.H. Admin. Code § Lot 7209.01

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