Section Pari 1005.02 - Suspensions, Revocations and Refusals to Renew a License(a) If, after issuing a license, the commission receives information that indicates that good cause, as set forth in (k) below, exists to suspend or revoke the license, the commission shall notify the licensee in writing of: (2) The reason(s) for the intended action; and(3) The date by which the licensee shall file a written request for an adjudicative hearing if the licensee wishes to contest the proposed action, which date shall be 15 working days from the date of the commission's notice.(b) If the commission receives a written request for an adjudicative hearing in accordance with (a)(3) above, the commission shall proceed in accordance with the provisions of RSA 541-A, Jus 800 and Pari 200 that apply to adjudicative proceedings.(c) If the commission does not receive a written request for an adjudicative hearing in accordance with (a)(3) above, the license shall be deemed suspended or revoked, as specified in the notice issued pursuant to (a) above, as of the 16th working day from the date of the commission's notice.(d) After proceeding in accordance with (a)-(c) above, the commission shall revoke the license if the commission determines that the reason(s) for good cause, as set forth in (h) below exist and that: (1) The licensee acted with intent to deceive; or(2) The deficiency(ies) cannot be corrected so as to conform to applicable requirements.(e) In accordance with RSA 287-E:14, any licensee whose license is revoked shall be ineligible for licensure for a period of up to one year from the date of revocation.(f) After proceeding in accordance with (a)-(c) above, the commission shall suspend the license if the commission determines that one or more reasons to revoke a license exist, but that:(1) The licensee did not act with intent to deceive; and(2) The deficiency(ies) can be corrected to conform to applicable requirements.(g) If the commission suspends a license, the commission shall: (1) Notify the licensee in writing of the specific deficiency(ies);(2) Specify a reasonable time to correct the deficiency(ies), which shall be determined based on the number and nature of the deficiency(ies); and(3) Inform the licensee in written notice that if the deficiencies are not corrected within the specified time, the license shall be deemed revoked.(h) If a license is suspended pursuant to (f), above, the commission shall not reinstate the license until: (1) The reason for good cause has been corrected to conform with applicable requirements; and(2) The license holder submits a written request to the commission requesting that the license be reinstated.(i) If, after receiving a request for renewal of a license, the commission receives information which indicates that good cause, as set forth in (k), below, exists to refuse to renew the license, the commission shall inform the licensee of the information and offer an opportunity for the licensee to respond to the information prior to a decision being made on the application for renewal.(j) The commission shall refuse to renew a license, until the reason for good cause has been corrected to conform to applicable requirements.(k) Good cause to suspend, revoke, or refuse to renew a license shall include, but not be limited to, the following:(1) Failing to comply with the conditions of the license or these rules;(2) Making or certifying to a material false statement relative to any application or report required by this chapter;(3) to maintain qualifications for licensure, such as a charitable organization failing to maintain a federal tax exempt status, or a manufacturer or distributor allowing the required bond to lapse;(4) Manipulating the outcome of any game or otherwise compromises the integrity of the game;(5) Hindering or obstructing an authorized representative of the commission in the performance of official duties, such as refusing to access to the premises, or failing to produce any books, records or documents for review;(6) Failing to comply with the terms and conditions of an administrative order issued by the commission;(7) Failing to pay any administrative, civil, or criminal penalties owed to the commission; or(8) Participating in illegal activities including possessing illegal gambling equipment, or permitting illegal gambling in the premises.(l) If a bingo license is revoked or suspended, the licensee shall not participate in operation of bingo event during the period of the revocation or suspension.(m) If the commission determines, based on all available scientific and valid information, that the licensed activity is creating an immediate danger to human health or the environment, the commission shall proceed in accordance with RSA 541-A:30, III.N.H. Admin. Code § Pari 1005.02
Derived From Volume XXXV Number 40, Filed October 8, 2015, Proposed by #10928, Effective 9/10/2015, Expires 9/10/2025.The amended version of this section by New Hampshire Register Volume 37, Number 15, eff. 3/10/2017 is not yet available.