Section Pari 1113.04 - License Revocation, Suspension, and Refusal to Renew(a) The commission shall revoke, suspend, or refuse to renew a license when, based upon the facts of the case, imposition of an administrative fine would not protect the public's interests.(b) If a reason exists, as set forth in (c) below, to suspend, revoke, or refuse to renew a license the commission shall notify the licensee in writing of: (2) The reason(s) for the intended action;(3) The licensee's right to request an adjudicative hearing to show compliance with all lawful requirements for the retention of the license, and that such a request must be filed within 15 days of the date of the notice; 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.(c) Except as allowed by (g) below, the commission shall proceed to revoke a license if the commission determines that one or more of the following reasons for revocation exist: (1) Failure to comply with the conditions of the license or this chapter, such as a charitable organization's failure to maintain federal tax exempt status, or manufacturer or distributor allowing the required bond to lapse;(2) Failure to take corrective action following the suspension of a license;(3) An inability or unwillingness to comply with RSA 287-E, as it applies to lucky 7, or this chapter, as demonstrated by a pattern of violations;(4) Failure to comply with the requirements set for in this chapter or any commission order to submit records, bank statements, or any other paraphernalia associated with the sale of lucky 7 tickets;(5) Providing false information to the commission, including willfully and knowingly making false statements or makes false entries in any books or records with respect to any transaction connected with the sale of lucky 7 tickets;(6) Failure to remit any license fees or other amounts due to the state;(7) 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;(8) Failure to comply with the terms and conditions of an administrative order issued by the commission;(9) Failing to pay any administrative, civil, or criminal penalties owed to the commission;(10) Any conduct by the licensee that undermines the public confidence in charitable gaming or serves the interest of organized gambling or crime and criminals in any manner;(11) Manipulating the outcome of any game or otherwise compromising the integrity of the game;(12) Participating in illegal activities including possessing illegal gambling equipment, or permitting illegal gambling in the premises;(13) Willfully and knowingly conducting business with unauthorized entities;(14) Any material violation of RSA 287-E or this chapter; or(15) Operating without a valid gaming license in any state or commonwealth in the United States.(d) Upon the effective date of the revocation, the licensee shall immediately cease holding itself out to the public as a licensee of the commission, and cease engaging in any act for which licensing is required.(e) Failure to comply with (d) above shall constitute separate grounds for further disciplinary action.(f) In accordance with RSA 287-E:25, any licensee whose license is revoked shall be ineligible for licensure for a period of up to one year from the date of revocation.(g) If a license has been revoked, the commission shall not issue a subsequent license until:(1) The passage of the amount of time specified in the revocation order;(2) The licensee submits an application in accordance with this chapter;(3) The licensee demonstrates that the cause for revocation no longer exist; and(4) The licensee demonstrates that any corrective actions that were ordered by the commission have been fully implemented.(h) The commission shall proceed to suspend a license if the commission determines that one or more reasons to revoke as license, as described in (c) above, exist, but:(1) The licensee did not act with intent to deceive; and(2) The deficiency(ies) can be corrected to conform to applicable requirements.(i) Upon the effective date of the suspension, the licensee shall immediately cease engaging in any act for which a license is required until the commission grants reinstatement pursuant to (l) below.(j) Failure to comply with (i) above, shall constitute separate grounds for further disciplinary action.(k) The minimum period for suspension shall be that amount of time necessary for the licensee to take corrective action ordered by the commission and return to compliance.(l) The commission shall reinstate a suspended license when:(1) The licensee submits to the commission a written request for the license to be reinstated with documentation demonstrating that all of the corrective actions ordered by the commission have been taken; and(2) The commission determines that all corrective actions have, in fact, been taken and the licensee has returned to compliance.(m) If the commission does not grant the request for reinstatement it shall so notify the petitioner and provide the opportunity for a hearing.(n) A suspension shall have no effect upon the expiration of a license.(o) If, after receiving a request for renewal of a license, the commission has information that indicates that a reason, as set forth in (c) above, 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.(p) The commission shall not issue a license until such time as the reason(s) for the refusal to renew have been corrected.N.H. Admin. Code § Pari 1113.04
Derived From Volume XXXVII Number 6, Filed February 9, 2017, Proposed by #12095, Effective 1/27/2017, Expires 1/27/2027.