N.H. Admin. Code § Lot 7304.01

Current through Register No. 45, November 7, 2024

Section Lot 7304.01 - Administrative Fines

(a) When the commission has determined that a violation or violations have occurred, the commission shall send a written notice of the proposed fine(s), by certified mail or hand delivery, to the person, entity, applicant, or licensee of the commission's intent to assess a fine.

(b) The written notice required under (a) above shall contain the following information:

(1) The violation(s) alleged by the commission and the facts on which the allegations are based;

(2) The statutory section(s) that authorize(s) the commissioner to impose a fine;

(3) The amount of the fine for each violation cited and the total amount of fine(s) being sought; and

(4) The respondent's right to request an adjudicative hearing prior to the imposition of the fine.

(c) Pursuant to RSA 287-D:23,I any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions.

(d) Administrative fines shall be imposed as follows:

(1) Pursuant to RSA 287-D:30, any person who violates this chapter shall be subject to a fine of no less than $5,000 per day, and not more than $10,000 per day for each gambling machine used or intended for use;

(2) Any person who provides false or misleading information to the commission in connection with an investigation of unlawful gambling machines shall be subject to a fine of no less than $5,000, and not more than 20,000;

(3) Any licensee or agent of the commission who knowingly fails to report the presence of an unlawful gambling machine on the premises where their charitable games are played or lottery products are sold shall be subject to a fine of no less than $5,000, and not more than $10,000 for each day the machines are unreported; and

(4) If a licensee corrects and then subsequently repeats a violation for which a fine was previously issued in accordance with (1)-(3) above, the fine shall be doubled from that of the previous fine such that, for example, an original fine of $5,000 shall become $10,000 for the first time the offense is repeated, $20,000 for the second time the offense is repeated, $40,000 for the third time the offense is repeated, and so on.

(e) Except as otherwise noted, the administrative fines prescribed in (d) 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 under (a) above is issued and continuing for each day of non-compliance, or until the date of compliance.

(f) In determining the actual amount of a fine pursuant to RSA 287-D:13, IX, the commission shall consider:

(1) The following factors:

a. The degree of non-compliance;

b. Prior history of violations of the same or similar nature;

c. The consequences of the violation, including the economic impact to the state and other affected parties;

d. The nature and persistence of the violation;

e. The extent of any remedial or corrective action taken;

f. The good or bad faith exhibited by the cited individual(s);

g. Evidence that the violation was willful;

h. The extent to which the individual cooperated with the board's investigation;

i. The cost of any investigation or hearing conducted by the commission;

j. The licensee's ability to pay a fine assessed by the commission; and

k. Any other mitigating or aggravating factors; and

(2) The likelihood that the amount of the fine will result in:

a. Protecting public health, safety or welfare;

b. Preventing of future misconduct;

c. Correcting the attitudinal, educational, or other deficiencies which led to the misconduct;

d. Encouraging lawful practices of operating gaming activities; and

e. Ensuring the integrity of gaming in New Hampshire.

(g) Payment of any imposed administrative fine to the commission shall meet the following requirements:

(1) If the recipient of a notice described in (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 25 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.

(h) 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, renewal, or agreement, and a basis for judicial action seeking to collect the fine.

(i) If a licensee or respondent fails to pay a fine in accordance with (g) above, the fine shall be $5,000 per day for each day for which the commission does not receive payment in full.

N.H. Admin. Code § Lot 7304.01

Derived from Volume XLI Number 14, Filed April 8, 2021, Proposed by #13179, Effective 3/19/2021, Expires 3/19/2031.