N.H. Code Admin. R. Ann. Lot — Lottery Commission (Renumbered from rules of the former Sweepstakes Commission (Sw), and to be renumbered from the rules of the former Racing and Charitable Gaming Commission (Pari).)

Chapter Lot 100 Organization

Part Lot 101 Description of Commission

N.H. Code Admin. R. Ann. Lot 101.01 Establishment {#sec-lot-101.01 omnilex-key=us-nh-regs-official--agency-lot--Lot 101.01}

The lottery commission is established by RSA 284:21-a and consists of 3 members appointed by the governor.

History

#6509, eff 5-15-97 (See Revision Note at chapter heading for Lot 100)

N.H. Code Admin. R. Ann. Lot 101.02 Quorum {#sec-lot-101.02 omnilex-key=us-nh-regs-official--agency-lot--Lot 101.02}

Under RSA 284:21-b, 2 members constitute a quorum of the commission.

History

#6509, eff 5-15-97 (See Revision Note at chapter heading for Lot 100)

N.H. Code Admin. R. Ann. Lot 101.03 Duties and Rulemaking Authority {#sec-lot-101.03 omnilex-key=us-nh-regs-official--agency-lot--Lot 101.03}

The chief duties of the lottery commission in relation to RSA 541-A are as follows:

(a) The lottery commission oversees the operation of the granite states lottery, also known as the New Hampshire lottery commission. The operation is under the supervision of an unclassified executive director, established under RSA 94:1-a. The operation is divided into 2 functions, a games management function, and a finance and administration function as authorized under RSA 284:21-i, I.

(b) Under RSA 284:21-i, the rulemaking authority is delegated directly to the commission. Although the lottery enforces the policies which have the effect of law under RSA 541-A, it has no independent rulemaking authority.

History

#6509, eff 5-15-97 (See Revision Note at chapter heading for Lot 100)

N.H. Code Admin. R. Ann. Lot 101.04 Meetings {#sec-lot-101.04 omnilex-key=us-nh-regs-official--agency-lot--Lot 101.04}

The commission meets at least once a month and schedules other meetings as necessary. All meetings are posted and held in accordance with RSA 91-A.

History

#6509, eff 5-15-97 (See Revision Note at chapter heading for Lot 100)

N.H. Code Admin. R. Ann. Lot 101.05 Requests for Information {#sec-lot-101.05 omnilex-key=us-nh-regs-official--agency-lot--Lot 101.05}

All oral and written requests for information concerning the duties and responsibilities of the commission, or requests for free copies of the commission's rules, shall be addressed to the lottery at the address and telephone number below:

New Hampshire Lottery Commission

14 Integra Drive

Concord, New Hampshire 03301

Tel: (603) 271-3391

History

#6509, eff 5-15-97 (See Revision Note at chapter heading for Lot 100)

Chapter Lot 200 Rules of Practice and Procedure

Part Lot 201 Purpose and Scope

N.H. Code Admin. R. Ann. Lot 201.01 Purpose {#sec-lot-201.01 omnilex-key=us-nh-regs-official--agency-lot--Lot 201.01}

This chapter provides procedural rules for the conduct of hearings before the New Hampshire lottery commission affecting the rights or privileges of any person or organization.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 201.02 Scope {#sec-lot-201.02 omnilex-key=us-nh-regs-official--agency-lot--Lot 201.02}

The procedures specified in this chapter shall apply whenever hearings before the commission are required by statute or rule.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

Part Lot 202 Definitions

N.H. Code Admin. R. Ann. Lot 202.01 Definitions {#sec-lot-202.01 omnilex-key=us-nh-regs-official--agency-lot--Lot 202.01}

The following definitions shall apply:

(a) “Appearance” means a written notification to the commission that a party or a party’s representative intends to actively participate in a hearing;

(b) "Commission" means the New Hampshire lottery commission established pursuant to RSA 284:21-a;

(d) "Complaint" means a written allegation of conduct prohibited by applicable statutes or rules of the commission;

(e) "Complainant" means a person who has filed a complaint against another person or organization;

(f) "Declaratory ruling" means an agency ruling as to the specific applicability of any statutory provision or of any rule or order of the agency;

(g) "Hearing" means a component of a proceeding, through which the commissioner or designee receives testimony, evidence, or arguments, or any combination thereof;

(h) "License" means the permit, certificate, approval, registration, designation, charter or similar form of permission required pursuant to statutes or rules administered by the commission;

(i) “Motion” means a request to the presiding officer for an order or ruling directing some act to be done in favor of the party making the motion, including a statement of justification or reasons for the request;

(j) "Order" means the final disposition of a matter before the commission;

(k) “Party” means “party” as defined by RSA 541-A:1, XII, namely, “each person or commission named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party.” The term “party” includes all intervenors in a proceeding, subject to any limitations established pursuant to RSA 541-A:32, III;

(l) "Presiding officer" means presiding officer as defined in RSA 541-A:1, XIV, namely, “that individual to whom the commission has delegated the authority to preside over a proceeding, if any, otherwise it means the head of the commission.” The presiding officer includes a hearings officer or officers appointed by the commission in accordance with RSA 284:13, II;

(m) "Proceeding" means any adjudication in which the legal rights, duties or privileges of a person or organization are required by rule or statute to be determined by the agency after opportunity for a hearing;

(n) "Revocation" means loss of a license or approval granted by the commission; and

(o) "Suspension" means temporary loss of a license or approval by the commission.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

Part Lot 203 Compliance with Rules

N.H. Code Admin. R. Ann. Lot 203.01 Failure to Comply with Rules {#sec-lot-203.01 omnilex-key=us-nh-regs-official--agency-lot--Lot 203.01}

Failure to comply with Lot 200 shall result in the commission:

(a) Refusing to accept a non-compliant document for filing;

(b) Denying or conditionally denying a non-compliant application or request; or

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 203.02 Waiver or Suspension of Rules by Presiding Officer {#sec-lot-203.02 omnilex-key=us-nh-regs-official--agency-lot--Lot 203.02}

(a) The presiding officer, upon his or her own initiative or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be more likely to promote the fair, accurate, and efficient resolution of issues pending before the commission than would adherence to a particular rule.

(b) A motion to request the suspension or waiver of rules shall:

(1) Be in writing;

(2) Specify the rule(s) by number; and

(3) Specify the facts which the party relies upon to support the request.

(c) The commission shall grant the request to suspend or waive any requirement or limitation of this chapter when doing so:

(1) Would not conflict with any applicable statute;

(2) Would not result in any material prejudices; and

(3) Would be more likely to promote the fair, accurate and efficient resolution of issues pending before the commission than would adherence to a particular rule or procedure.

(d) The commission shall render a decision to grant or deny the request within 30 days of the filing of the request.

(e) The commission shall notify the person in writing within 10 days of the decision to grant or deny the request in writing.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

Part Lot 204 Complaints

N.H. Code Admin. R. Ann. Lot 204.01 Who May File a Complaint {#sec-lot-204.01 omnilex-key=us-nh-regs-official--agency-lot--Lot 204.01}

Any person who has personal knowledge that any other person, or any organization licensed or otherwise approved by the commission has violated any statute or rule administered by the commission may file a complaint against that person or organization.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 204.02 Misconduct Sufficient to Support a Complaint {#sec-lot-204.02 omnilex-key=us-nh-regs-official--agency-lot--Lot 204.02}

Misconduct sufficient to support a complaint shall include, but is not limited to:

(a) The practice of fraud or deceit in dealing with the commission or with the public; and

(b) Violation of any statutes or rules administered by the commission.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 204.03 Form of Complaints {#sec-lot-204.03 omnilex-key=us-nh-regs-official--agency-lot--Lot 204.03}

Complaints filed with the commission shall contain:

(a) The name and address of the complainant;

(b) The name and address of the complainant's representative, if any;

(d) The identification of any statutes, rules, orders or other authority which the complainant alleges have been violated, if known to the complainant; and

(e) The name and address of the person or organization against whom the complainant complains.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 204.04 Receipt and Review of Complaints {#sec-lot-204.04 omnilex-key=us-nh-regs-official--agency-lot--Lot 204.04}

(a) Upon receipt of a complaint, the commission shall determine whether or not the complaint has merit to commence an investigation, in accordance with the criteria set forth in Lot 205.01(a) below.

(b) The commission shall, pursuant to the report of the investigating officer (s), if applicable:

(1) Dismiss the complaint and notify the aggrieved complainant of such dismissal within 10 days of such decision, stating the reasons for such dismissal; or

(2) Commence an adjudicative proceeding pursuant to these rules.

(1) State clearly the circumstances of the complaint;

(2) Respond to a request for information; or

(3) Participate in any investigation or hearing ordered by the commission.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

Part Lot 205 Investigations

N.H. Code Admin. R. Ann. Lot 205.01 When and by Whom Investigations May be Conducted {#sec-lot-205.01 omnilex-key=us-nh-regs-official--agency-lot--Lot 205.01}

(a) The commission shall conduct an investigation if:

(1) Information is received which leads the commission to believe a violation of any statute administered by the commission, or of any commission rule, has occurred or is likely to occur;

(2) A complaint against a person or organization under the jurisdiction of the commission has been received; or

(3) Additional information relevant to a commission proceeding is required.

(b) Pursuant to RSA 284:21-i, I, the commission shall employ technical assistants, as authorized by the governor and council, to act as investigating officers to conduct an investigation and submit an investigation report to the commission for their approval. The commission shall review and approve or reject such report within 30 days.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 205.02 Authority of Investigating Officer(s) {#sec-lot-205.02 omnilex-key=us-nh-regs-official--agency-lot--Lot 205.02}

(a) The commission or appointed investigating officer(s) shall interview the person/organization alleged to have committed the violation or about to commit a violation, and/or any other person who might have knowledge of the violation or potential violation.

(b) The commission shall specify points to be covered during the investigation, such as, but not limited to, whether the conduct being complained about represents an isolated incident, or whether similar complaints have been received.

(c) The investigating officer(s) shall review records, data and other documents to obtain information pertinent to the investigation.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

Part Lot 206 Presiding Officer’s Appointment and Participation

N.H. Code Admin. R. Ann. Lot 206.01 Applicability {#sec-lot-206.01 omnilex-key=us-nh-regs-official--agency-lot--Lot 206.01}

These rules shall apply to all proceedings conducted by the commission except rulemaking and non-adjudicative investigations.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 206.02 Presiding Officer’s Appointment; Authority {#sec-lot-206.02 omnilex-key=us-nh-regs-official--agency-lot--Lot 206.02}

(a) All hearings shall be conducted by an individual appointed or authorized to serve as a presiding officer.

(b) In accordance with RSA 284:13, II, the commission shall, in accordance with the rules adopted in accordance with RSA 541-A, appoint a hearings officer or hearings officers, as necessary, to preside over such hearings as are required to comply with federal and state statutes and federal or state rules or regulations. The decision of the officer shall not be contrary to rules adopted by the lottery commission pursuant to RSA 541-A. The officer's decision shall be binding on all parties unless such decision is overturned on appeal.

(1) Regulate and control the course of a hearing;

(2) Facilitate an informal resolution of an appeal;

(3) Administer oaths and affirmations;

(4) Receive relevant evidence at hearings and exclude irrelevant, immaterial or unduly repetitious evidence;

(5) Rule on procedural requests, including adjournments or postponements, at the request of a

5 party or on the presiding officer's own motion;

(6) Question any person who testifies;

(7) Cause a complete record of any hearing to be made, as specified in RSA 541-A:31, VI and RSA 284:13; and

(8) Take any other action consistent with applicable statutes, rules and case law necessary to conduct the hearing and complete the record in a fair and timely manner.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 206.03 Withdrawal of Presiding Officer or Commission Official {#sec-lot-206.03 omnilex-key=us-nh-regs-official--agency-lot--Lot 206.03}

(a) Upon his or her own initiative or upon the motion of any party, the presiding officer shall, for good cause or to avoid the appearance of impropriety or lack of impartiality, withdraw from any hearing governed by this chapter.

(b) For the purposes of this section good cause shall exist if the presiding officer:

(1) Has a direct interest in the outcome of the proceeding, including but not limited to, a financial or family relationship, within the third degree of relationship, with any party;

(2) Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of the case; or

(3) Personally believes that he or she cannot fairly judge the facts of the case.

(c) Mere knowledge of the issues or acquaintance with any party, or witness shall not constitute good cause for withdrawal by the presiding officer.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

Part Lot 207 Filing, Format and Delivery of Documents

N.H. Code Admin. R. Ann. Lot 207.01 Date of Issuance or Filing {#sec-lot-207.01 omnilex-key=us-nh-regs-official--agency-lot--Lot 207.01}

All written documents governed by these rules shall be rebuttably presumed to have been issued on the date noted on the document and to have been filed with the commission on the actual date of receipt by the commission, as evidenced by a date stamp placed on the document by the commission in the normal course of business.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 207.02 Format of Documents {#sec-lot-207.02 omnilex-key=us-nh-regs-official--agency-lot--Lot 207.02}

(a) All correspondence, pleadings, motions, or other documents filed under these rules shall:

(1) Include the title and docket number of the proceeding, if known;

(2) Be typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size;

(3) Be signed by the party or proponent of the document, or, if the party appears by a representative, by the representative; and

(4) Include a statement certifying that a copy of the document has been delivered to all parties to the proceeding in compliance with Lot 207.03 below.

(b) A party or representative's signature on a document filed with the commission shall constitute certification that:

(1) The signer has read the document;

(2) The signer is authorized to file it;

(3) To the best of the signer’s knowledge, information and belief there are good and sufficient grounds to support it; and

(4) The document has not been filed for purposes of delay.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 207.03 Delivery of Documents {#sec-lot-207.03 omnilex-key=us-nh-regs-official--agency-lot--Lot 207.03}

(a) Copies of all petitions, motions, exhibits, memoranda, or other documents filed by any party to a proceeding governed by these rules shall be delivered by that party to all other parties to the proceeding.

(b) All notices, orders, decisions or other documents issued by the presiding officer or commission shall be delivered to all parties to the proceeding.

(c) Delivery of all documents relating to a proceeding shall be made by personal delivery or by depositing a copy of the document, by first class mail, postage prepaid, in the United States mail, addressed to the last address given to the commission by the party.

(d) When a party appears by a representative, delivery of a document to the party's representative at the address stated on the appearance filed by the representative shall constitute delivery to the party.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 207.04 Hearing Record and Notice {#sec-lot-207.04 omnilex-key=us-nh-regs-official--agency-lot--Lot 207.04}

(a) The presiding officer shall establish a record of the proceeding and send a copy of the order of notice to all parties to the proceeding at least 15 days before the first date of the hearing.

(b) Copies of all subsequent orders and notices in the proceeding shall also be sent to all parties involved within 10 days.

(c) Orders, notices, written documents, and all other materials submitted in a proceeding shall be kept in the hearing record in the main office of the commission.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

Part Lot 208 Time Periods

N.H. Code Admin. R. Ann. Lot 208.01 Computation of Time {#sec-lot-208.01 omnilex-key=us-nh-regs-official--agency-lot--Lot 208.01}

(a) Unless otherwise specified, all time periods referenced in this chapter shall be calendar days.

(b) Computation of any period of time referred to in these rules shall begin with the day after the action which sets the time period in motion, and shall include the last day of the period so computed.

(c) If the last day of the period so computed falls on a Saturday, Sunday or legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday or legal holiday.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 208.02 Change in Allowed Times {#sec-lot-208.02 omnilex-key=us-nh-regs-official--agency-lot--Lot 208.02}

(a) Except where the time is fixed by statute, the commission shall extend or shorten the time provided for the filing of any document, or advance or postpone the time set for any oral hearing if the request for a change of time meets the requirements in (b) and (c) below.

(b) A request to change time shall be filed at least 4 business days preceding the event in question.

(c) A request for a change of time shall be granted upon a finding of diligence and hardship to the complainant making the request which outweighs any hardship likely to be suffered by any other party to the proceeding.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

Part Lot 209 Motions

N.H. Code Admin. R. Ann. Lot 209.01 Motions; Objections {#sec-lot-209.01 omnilex-key=us-nh-regs-official--agency-lot--Lot 209.01}

(a) Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or on the basis of information which was not received in time to prepare a written motion.

(b) Oral motions and any oral objection to such motions shall be recorded in full in the record of the hearing. If the presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer shall direct the moving party to submit the motion in writing, with supporting information.

(d) Failure by an opposing party to object to a motion shall not in and of itself constitute grounds for granting the motion.

(e) The presiding officer shall rule upon a motion after full consideration of all objections and other factors relevant to the motion.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

Part Lot 210 Notice of Hearing; Appearances; Pre-Hearing Conferences

N.H. Code Admin. R. Ann. Lot 210.01 Commencement of Hearing {#sec-lot-210.01 omnilex-key=us-nh-regs-official--agency-lot--Lot 210.01}

A hearing shall be commenced by an order of the commission giving notice to the parties as required by Lot 207.04 above.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 210.02 Docket Numbers {#sec-lot-210.02 omnilex-key=us-nh-regs-official--agency-lot--Lot 210.02}

A docket number shall be assigned to each matter to be heard which shall appear on the notice of hearing and all subsequent orders or decisions of the commission.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 210.03 Notice of Hearing {#sec-lot-210.03 omnilex-key=us-nh-regs-official--agency-lot--Lot 210.03}

A notice of a hearing issued by the commission shall contain the information required by RSA 541-A:31, III, namely:

(a) A statement of the time, place and nature of any hearing;

(b) A statement of the legal authority under which a hearing is to be held;

(d) A short and plain statement of the issues presented;

(e) A statement that each party has the right to have an attorney represent them at their own expense; and

(f) A statement that each party has the right to have the commission provide a complete record the hearing by a competent reporter or by electronic recording which shall be transcribed at the party’s expense and that any such request shall be submitted in writing at least 10 days prior to the hearing.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 210.04 Appearances {#sec-lot-210.04 omnilex-key=us-nh-regs-official--agency-lot--Lot 210.04}

A party or the party’s representative shall file an appearance that includes the following information:

(a) A brief identification of the matter;

(b) A statement as to whether or not the representative is an attorney and if so, whether the attorney is licensed to practice in New Hampshire; and

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 210.05 Prehearing Conference {#sec-lot-210.05 omnilex-key=us-nh-regs-official--agency-lot--Lot 210.05}

Any party may request, or the presiding officer shall schedule on his or her own initiative, a prehearing conference in accordance with RSA 541-A:31, V to consider:

(a) Offers of settlement;

(b) Simplification of the issues;

(d) Limitations on the number of witnesses;

(e) Changes to standard procedures desired during the hearing by consent of the parties;

(f) Consolidation of examination of witnesses; or

(g) Any other matters which aid in the disposition of the proceeding.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

Part Lot 211 Representation

N.H. Code Admin. R. Ann. Lot 211.01 Representation {#sec-lot-211.01 omnilex-key=us-nh-regs-official--agency-lot--Lot 211.01}

(a) If a party chooses to be represented by some other person, he or she shall notify the commission at the earliest date practical of the name and address of the representative.

(b) Any party in a commission proceeding may be represented by counsel, but counsel so retained shall not be paid for by the state.

(d) A representative shall be either an attorney-at-law, licensed in New Hampshire, or such other individual as the party may designate.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 211.02 Disqualification or Suspension {#sec-lot-211.02 omnilex-key=us-nh-regs-official--agency-lot--Lot 211.02}

The commission shall, after notice and opportunity for hearing, upon a finding of misconduct, pursuant to Lot 204.02 above, by any individual relating to representation before the agency, prohibit that individual from acting as representative before the agency.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

Part Lot 212 Roles of Commission Staff and Complainants

N.H. Code Admin. R. Ann. Lot 212.01 Role of Commission Staff in Enforcement or Disciplinary Hearings {#sec-lot-212.01 omnilex-key=us-nh-regs-official--agency-lot--Lot 212.01}

Unless called as witnesses, commission staff shall have no role in any enforcement or disciplinary hearing.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 212.02 Role of Complainants in Enforcement or Disciplinary Hearings {#sec-lot-212.02 omnilex-key=us-nh-regs-official--agency-lot--Lot 212.02}

Unless called as a witness or granted party or intervenor status, a person who initiates an adjudicative proceeding by complaining to the commission about the conduct of person who becomes a party shall have no role in any enforcement or disciplinary hearing.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

Part Lot 213 Intervention

N.H. Code Admin. R. Ann. Lot 213.01 Intervention {#sec-lot-213.01 omnilex-key=us-nh-regs-official--agency-lot--Lot 213.01}

(a) A non-party may intervene in a matter pending before an commission under the provisions of RSA 541-A:32, by filing a motion stating facts demonstrating that the non-party's rights or other substantial interests might be affected by the proceeding or that the non-party qualifies as an intervenor under any provision of law.

(b) A copy of a motion submitted pursuant to (a) above shall be mailed to the commission and to all persons identified in the notice commencing the adjudicative proceeding.

(1) The petitioner complied with (a) and (b) above at least 3 days before the hearing and the presiding officer determines that:

a. The petition states facts demonstrating that the petitioner's rights, duties, privileges, immunities or other substantial interests might be affected by the proceedings or the petitioner qualifies as an intervenor under law; and

b. The intervention sought would not impair the interests of justice and the orderly and prompt conduct of the proceedings; or

(2) The petitioner complied with (a) and (b) above at any time and the presiding officer determines that the intervention sought would be in the interests of justice and would not impair the orderly and prompt conduct of the proceedings.

(d) Approval of intervention by the presiding officer shall apply only to the proceeding in which the petition for intervention was granted.

(e) Notwithstanding the provisions of this chapter, an intervenor's right to participate in an adjudicative proceeding shall be subject to any limitations or conditions imposed by the presiding officer pursuant to RSA 541-A:32, III.

(f) An intervenor shall take the proceedings as he or she finds them and no portion of the proceeding shall be repeated because of the fact of intervention.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

Part Lot 214 Postponement Requests and Failure to Attend Hearing

N.H. Code Admin. R. Ann. Lot 214.01 Postponements {#sec-lot-214.01 omnilex-key=us-nh-regs-official--agency-lot--Lot 214.01}

(a) Any party to a hearing may make an oral or written motion that a hearing be postponed to a later date or time.

(b) If a postponement is requested by a party to the hearing, it shall be granted if the presiding officer determines that good cause has been demonstrated. Good cause shall include the unavailability of parties, witnesses or attorneys necessary to conduct the hearing, the likelihood that a hearing will not be necessary because the parties have reached a settlement, or any other circumstances that demonstrate that a postponement would assist in resolving the case fairly.

(c) If the later date, time, and place are known at the time of the hearing that is being postponed, the date, time, and place shall be stated on the record. If the later date, time, and place are not known at the time of the hearing that is being postponed, the presiding officer shall issue a written scheduling order stating the date, time, and place of the postponed hearing as soon as practicable.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 214.02 Failure to Attend Hearing {#sec-lot-214.02 omnilex-key=us-nh-regs-official--agency-lot--Lot 214.02}

If any party to whom notice has been given in accordance with Lot 210.03 above fails to attend a hearing, the presiding officer shall declare that party to be in default and either:

(a) Dismiss the case, if the party with the burden of proof fails to appear; or

(b) Hear the testimony and receive the evidence offered by a party, if that party has the burden of proof in the case.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

Part Lot 215 Requests for Information or Documents

N.H. Code Admin. R. Ann. Lot 215.01 Voluntary Production of Information {#sec-lot-215.01 omnilex-key=us-nh-regs-official--agency-lot--Lot 215.01}

(a) Each party shall attempt in good faith to make complete and timely response to requests for the voluntary production of information or documents relevant to the hearing.

(b) When a dispute between parties arises concerning to a request for the voluntary production of information or documents, any party may file a motion to compel the production of the requested information under Lot 215.02 below.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 215.02 Motions to Compel Production of Information {#sec-lot-215.02 omnilex-key=us-nh-regs-official--agency-lot--Lot 215.02}

(a) Any party may make a motion requesting that the presiding officer order the parties to comply with information requests. The motion shall be filed at least 30 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of hearing if such notice is issued less than 30 days in advance of the hearing.

(b) The moving party’s motion shall:

(1) Set forth in detail those factors which it believes justify its request for information; and

(2) List with specificity the information it is seeking to discover.

(c) When a party has demonstrated that such requests for information are necessary for a full and fair presentation of the evidence at the hearing, the presiding officer shall grant the motion.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 215.03 Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits {#sec-lot-215.03 omnilex-key=us-nh-regs-official--agency-lot--Lot 215.03}

At least 5 days before the hearing the parties shall exchange a list of all witnesses to be called at the hearing with a brief summary of their testimony, a list of all documents or exhibits to be offered as evidence at the hearing, and a copy of each document or exhibit.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

Part Lot 216 Record, Proof, Evidence and Decisions

N.H. Code Admin. R. Ann. Lot 216.01 Record of the Hearing {#sec-lot-216.01 omnilex-key=us-nh-regs-official--agency-lot--Lot 216.01}

(a) The commission shall record the hearing by tape recording or other method that will provide a verbatim record.

(b) If any person requests a transcript of the taped record, the commission shall cause a transcript to be prepared and, upon receipt of payment for the cost of the transcription, shall provide copies of the transcript to the requesting party.

(c) In accordance with RSA 284:13, the commission, on its own motion or at the request of any party, shall cause a complete record to be made of such hearings by a competent reporter or by electronic recording which shall be transcribed at the request and expense of any party desiring the same, and a copy of such transcription shall be furnished to any other party upon the written request and at the expense of such other party. If the record is not transcribed, the lottery commission shall prepare a summary record of the proceedings and evidence.

(d) A request for a certified shorthand court reporter, per (c) above, shall be filed at least 10 days prior to the hearing.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 216.02 Standard and Burden of Proof {#sec-lot-216.02 omnilex-key=us-nh-regs-official--agency-lot--Lot 216.02}

The party asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence, which means a demonstration by admissible evidence that a fact or legal conclusion is more probable than not to be true.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 216.03 Testimony; Order of Proceeding {#sec-lot-216.03 omnilex-key=us-nh-regs-official--agency-lot--Lot 216.03}

(a) In accordance with RSA 284:13, I, any member of the commission, or the commission's designee, may administer oaths and affirmations, examine witnesses, and receive testimony and shall forward findings to the full commission as part of the hearing.

(b) Any person offering testimony, evidence or arguments shall state for the record his or her name, and role in the proceeding. If the person is representing another person, the person being represented shall also be identified.

(1) The party or parties who bears the burden of proof shall first present all evidence and such witnesses as the party necessary to support his/her allegation;

(2) The party or parties opposing the party who bears the overall burden of proof shall then present any evidence desired and such witnesses as the party may call in defense, or as directed in the order of notice;

(3) The party that bears the burden of proof shall then present any evidence desired in rebuttal; and

(4) A party who calls a witness shall first examine the witness. Thereupon, the party opposing may cross-examine the witness. The party sponsoring the witness may then re-examine the witness.

(d) Oral sessions of the proceeding shall be audio-recorded.

(e) A copy of the tape shall be made and kept in the record.

(f) The presiding officer shall close the proceedings after all evidence is offered and all witnesses have presented their testimony.

(g) Per RSA 284:13, I, false swearing before the commission shall be attended with the same penalties as if such false swearing occurred in an action in the superior court.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 216.04 Evidence {#sec-lot-216.04 omnilex-key=us-nh-regs-official--agency-lot--Lot 216.04}

(a) Receipt of evidence shall be governed by the provisions of RSA 541-A:33.

(b) Exhibits shall be sequentially identified and numbered in a single series.

(c) All documents, materials and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitious or legally privileged.

(d) All objections to the admissibility of evidence shall be stated as early as possible in the hearing, but not later than the time when the evidence is offered.

(e) Transcripts of testimony and documents or other materials, admitted into evidence shall be public records unless the presiding officer determines that all or part of a transcript or document is exempt from disclosure under RSA 91-A:5 or applicable case law.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 216.05 Proposed Findings of Fact and Conclusions of Law {#sec-lot-216.05 omnilex-key=us-nh-regs-official--agency-lot--Lot 216.05}

(a) Any party may submit proposed findings of fact and conclusions of law to the presiding officer prior to or at the hearing.

(b) Upon request of any party, or if the presiding officer determines that proposed findings of fact and conclusions of law would serve to clarify the issues presented at the hearing, the presiding officer shall specify a date after the hearing for the submission of proposed findings of fact and conclusions of law.

(c) In any case where proposed findings of fact and conclusions of law are submitted, the decision shall include rulings on the proposals.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 216.06 Closing the Record {#sec-lot-216.06 omnilex-key=us-nh-regs-official--agency-lot--Lot 216.06}

(a) After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by (b) below and Lot 216.07 below.

(b) Before the conclusion of the hearing, a party may request that the record be left open to allow the filing of specified evidence not available at the hearing. If the other parties to the hearing have no objection or if the presiding officer determines that such evidence is necessary to a full consideration of the issues raised at the hearing, the presiding officer shall keep the record open for the period of time necessary for the party to file the evidence.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 216.07 Reopening the Record {#sec-lot-216.07 omnilex-key=us-nh-regs-official--agency-lot--Lot 216.07}

(a) At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer’s own initiative or on the motion of any party, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence, or arguments not previously received, if the presiding officer determines that such testimony, evidence, or arguments are necessary to a full and fair consideration of the issues to be decided.

(b) The presiding officer shall grant a motion, pursuant to (a) above when:

(1) There is no objection from any other party or intervenor;

(2) The evidence sought to be included in the record was not available at the time of the hearing or the claim of law was inadvertently omitted; and

(3) The presiding officer determines that the evidence or claim of law is relevant, material, and non-duplicative and its inclusion in the record is necessary to a full and fair consideration of the issues to be decided.

(c) If there is an objection from a party or intervenor to a motion made pursuant to (a) above, the hearing shall be reopened for the purpose of receiving evidence, permitting cross-examination and permitting argument on the issue of reopening the record.

(d) The presiding officer shall grant a motion made pursuant to (a) above if, after the reopened hearing described in (c) above, the presiding officer determines that the evidence sought to be included in the record was not available at the time of the hearing or the claim of law was inadvertently omitted and the evidence or claim of law is relevant, material, and non-duplicative, and its inclusion in the record is necessary to a full and fair consideration of the issues to be decided.

(e) If the presiding officer permits the reopening of the record for the admission of specified evidence or claim of law, the presiding officer shall extend the hearing reopened pursuant to (c) above for the purpose of receiving evidence, permitting cross-examination and permitting argument on the substance of the evidence or on the claim of law.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 216.08 Decisions {#sec-lot-216.08 omnilex-key=us-nh-regs-official--agency-lot--Lot 216.08}

(a) In accordance with RSA 284:13, II, the decision of the presiding officer shall:

(1) Not be contrary to rules adopted by the commission pursuant to RSA 541-A; and

(2) Be binding on all parties unless such decision is overturned on appeal.

(b) The presiding officer shall issue a decision in the form of a final order within 30 days of the proceeding.

(c) A copy of the final order shall be sent to all parties to the proceeding within 10 days of the date of the final order.

(d) In accordance with RSA 284:13, II, the presiding officer's decision shall be binding on all parties unless such decision is overturned on appeal.

(e) The commission shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

(f) In accordance with RSA 284:13, I, any party aggrieved by any final decision entered in proceedings before the commission may, within 10 days after such decision is entered, appeal to the superior court by petition specifying the grounds upon which the decision is claimed to be unreasonable or unlawful. Findings and decisions by the commission shall be deemed to be prima facie lawful and reasonable, and shall not be set aside on appeal unless found to be arbitrary, capricious, unreasonable, or unlawful.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

Part Lot 217 Motion for Rehearing

N.H. Code Admin. R. Ann. Lot 217.01 Purpose {#sec-lot-217.01 omnilex-key=us-nh-regs-official--agency-lot--Lot 217.01}

The rules in this part are intended to supplement any statutory provisions, including RSA 541, that require or allow a person to request a rehearing of a decision of the commission prior to or in lieu of appealing the decision.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 217.02 Applicability {#sec-lot-217.02 omnilex-key=us-nh-regs-official--agency-lot--Lot 217.02}

The rules in this part shall apply whenever any person has a right under applicable law to request a rehearing of a decision prior to filing an appeal of the decision with the court having appellate jurisdiction.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 217.03 Filing and Content of Motion {#sec-lot-217.03 omnilex-key=us-nh-regs-official--agency-lot--Lot 217.03}

(a) A motion for rehearing shall be filed within 30 days of the date of the commission’s decision or order.

(b) A motion for rehearing shall:

(1) Identify each error of fact, error of reasoning, or error of law which the moving party wishes to have reconsidered;

(2) Describe how each error causes the commission's decision to be unlawful, unjust or unreasonable, or illegal in respect to jurisdiction, authority or observance of the law, an abuse of discretion or arbitrary unreasonable or capricious;

(3) State concisely the factual findings, reasoning or legal conclusion proposed by the moving party; and

(4) Include any argument or memorandum of law the moving party wishes to file.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 217.04 Standard for Granting Motion for Rehearing {#sec-lot-217.04 omnilex-key=us-nh-regs-official--agency-lot--Lot 217.04}

(a) A motion for rehearing in a case subject to appeal under RSA 541 shall be granted if it demonstrates that the commission’s decision is unlawful, unjust or unreasonable.

(b) A motion for rehearing in a case subject to appeal by petition for writ of certiorari shall be granted if it demonstrates that the commission's decision is illegal in respect to jurisdiction, authority or observance of law, an abuse of discretion or arbitrary, unreasonable or capricious.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 217.05 Decision on Motion for Rehearing {#sec-lot-217.05 omnilex-key=us-nh-regs-official--agency-lot--Lot 217.05}

The hearings officer shall grant or deny a motion for rehearing, or suspend the order or decision pending further consideration within 10 days of the filing of the motion for rehearing.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

Part Lot 218 Sanctions

N.H. Code Admin. R. Ann. Lot 218.01 When Sanctions May Be Imposed {#sec-lot-218.01 omnilex-key=us-nh-regs-official--agency-lot--Lot 218.01}

The commission shall impose sanctions after hearing and upon the finding that a person or organization licensed by the commission violated an agency rule or statute.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 218.02 Sanctions {#sec-lot-218.02 omnilex-key=us-nh-regs-official--agency-lot--Lot 218.02}

(a) The commission shall require that corrective action be taken within a specified period of time as a condition of continued licensure or re-licensure if the commission determines that such licensee remains out of compliance.

(b) The commission shall require, in the case of an organization approved by the commission for the provision of services, that corrective action be taken within a specified period of time as a condition of continued approval if such service provider remains out of compliance.

(c) The commission shall issue a written reprimand to the person or organization if no corrective action is necessary under (a) or (b) above.

(d) The commission shall suspend the license or approval for up to one year depending on the severity of the violation, during which time the person or organization shall be considered to be unlicensed or unapproved if the violation was not a first violation.

(e) The commission shall revoke the license or approval if the licensee indicates an inability or unwillingness to comply as demonstrated by a pattern of violations.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 218.03 Record of Disciplinary Sanction {#sec-lot-218.03 omnilex-key=us-nh-regs-official--agency-lot--Lot 218.03}

A copy of the disciplinary sanction imposed shall be placed in the record.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

Part Lot 219 Public Comment Hearings for Rulemaking

N.H. Code Admin. R. Ann. Lot 219.01 Purpose {#sec-lot-219.01 omnilex-key=us-nh-regs-official--agency-lot--Lot 219.01}

The purpose of this part is to provide a uniform procedure for the conduct of public hearings at which comment from the general public will be solicited for evaluation and consideration by a quorum of the commission relative to the adoption, amendment or repeal of a commission rule under RSA 541-A.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 219.02 Scope {#sec-lot-219.02 omnilex-key=us-nh-regs-official--agency-lot--Lot 219.02}

These rules shall apply to all hearings required by state law to be conducted by the commission at which public comment shall be solicited under RSA 541-A:11. They shall not apply to contested cases as defined by RSA 541-A:1, IV.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 219.03 Notice {#sec-lot-219.03 omnilex-key=us-nh-regs-official--agency-lot--Lot 219.03}

In accordance with RSA 541-A:6, the commission shall give at least 20 days prior notice in the N. H. Rulemaking Register of its intent to hold a public hearing and the cut-off date for the submission of written testimony pursuant to RSA 541-A:11, I, on any proposed adoption, amendment, readoption, readoption with amendment, or repeal of a rule. Pursuant to RSA 541-A:6, I, the notice period shall begin on the day after the date of publication of the notice in the Rulemaking Register.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 219.04 Postponements; Relocation {#sec-lot-219.04 omnilex-key=us-nh-regs-official--agency-lot--Lot 219.04}

(a) In accordance with RSA 541-A:11, IV, a public hearing shall be postponed when:

(1) The weather is so inclement that it is reasonable to conclude that people wishing to attend the hearing will be unable to do so; or

(2) Postponement will facilitate greater participation by the public.

(b) In accordance with RSA 541-A:11, V, a hearing shall be moved to another location when the original location is not able to accommodate the number of people who wish to attend.

(1) The time available is insufficient to give each person who wishes to speak a reasonable opportunity to do so; or

(2) The capacity of the room in which the hearing is to be held does not accommodate the number of people who wish to attend, and it is not possible to move the hearing to another location.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 219.05 Media Access {#sec-lot-219.05 omnilex-key=us-nh-regs-official--agency-lot--Lot 219.05}

(a) Public comment hearings shall be open to the print and electronic media.

(b) The moderator shall place limits on the activities of the media to avoid disruption in the following ways:

(1) Limit the placement of television cameras to certain locations in the hearing room; and

(2) Prohibit interviews from being conducted within the hearing room during the hearing.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 219.06 Moderator {#sec-lot-219.06 omnilex-key=us-nh-regs-official--agency-lot--Lot 219.06}

(a) The hearing shall be presided over by the moderator who shall be the commission chair or designee.

(b) The moderator shall:

(1) Call the hearing to order;

(2) Cause a recording of the hearing to be made;

(3) Place a limit on the media to avoid disruption as set out in Lot 219.05(b);

(4) Recognize those who wish to be heard and establish the order thereof;

(5) Limit the time for each speaker, as set out in Lot 219.06 (b)(2);

(6) Recognize or revoke recognition of a speaker for cause as set out in Lot 210.06(b)(3);

(7) Remove or have removed any person who disrupts the hearing;

(8) Adjourn the hearing; and

(9) Provide opportunity for the submission of written comments consistent with the notice published in the rulemaking register.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 219.07 Public Participation {#sec-lot-219.07 omnilex-key=us-nh-regs-official--agency-lot--Lot 219.07}

(a) Any person who wishes to provide verbal testimony on the issue or issues which are the subject of the hearing shall provide their name, contact information and whom they represent in writing to the moderator.

(b) The commission, through the moderator, shall:

(1) Refuse to recognize a person who refuses to give his or her full name and address;

(2) When a group or organization wishes to comment, limit the group to no more than 3 persons, provided that the members who are present may enter their names and addresses into the record as supporting the position by the group or organization; and

(3) Revoke recognition of a speaker who:

a. Speaks or acts in an abusive or disruptive manner; or

b. Refuses to keep comments relevant to the issues which are the subject of the hearing.

(c) The moderator shall rule any comments, questions, or discussions that the presiding officer determines not to be relevant to the subject of the non-adjudicatory public hearing out of order, and proceed to the next speaker.

(d) Anyone wishing to submit written testimony or exhibits shall sign, and date the items before submitting them to the moderator.

(e) Written comments may be submitted any time from the time the notice has been published until the record has been closed by the moderator, which shall be consistent with the notice published in the rulemaking register.

(f) When the moderator determines that no person has further questions or comments that are relevant to the subject of the hearing, the presiding officer shall close the hearing.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

Part Lot 220 Rules for Petitioning the Commission

N.H. Code Admin. R. Ann. Lot 220.01 Rulemaking Petitions {#sec-lot-220.01 omnilex-key=us-nh-regs-official--agency-lot--Lot 220.01}

(a) Any interested person may petition the commission for the adoption, amendment, or repeal of any commission rule under RSA 541-A.

(b) Within 30 days of the receipt of the completed petition required by Lot 220.03 below, the commission shall either:

(1) Initiate rulemaking procedures in compliance with the petition and in accordance with RSA 541-A; or

(2) Deny the petition in writing, stating the reasons for the denial. Such reasons shall detail why the commission has concluded that the problem can be solved by a method that does not require a formal rulemaking proceeding.

(c) The commission shall determine whether to initiate a requested procedure or deny a petition based on whether the requested change is consistent with the duties of the commission under RSA 284:12, and RSA 284:21-i and whether the issue can be addressed without rulemaking.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 220.02 Petition for Declaratory Ruling {#sec-lot-220.02 omnilex-key=us-nh-regs-official--agency-lot--Lot 220.02}

(a) Any interested person may petition the commission using the form specified in Lot 220.03 below, requesting a declaratory ruling on the applicability of any statute concerning the commission or rule adopted by the commission.

(b) Within 45 days of the receipt of the completed petition required by Lot 220.03 below, the commission shall either:

(1) Issue a declaratory ruling responsive to the petition; or

(2) If a legal opinion is required, the commission shall request the opinion of the attorney general's office and issue a responsive declaratory ruling within 20 working days of receipt of the attorney general's reply explaining the reply to the petitioner.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

N.H. Code Admin. R. Ann. Lot 220.03 Petition Form {#sec-lot-220.03 omnilex-key=us-nh-regs-official--agency-lot--Lot 220.03}

(a) The commission shall consider any petition which meets the following minimum requirements:

(1) Each petition shall be in legible written form and addressed to the commission as follows:

Chair, Lottery Commission

14 Integra Drive

Concord, NH 03301

(2) Petitions for proposed rulemaking shall:

a. State the nature of each proposed rule;

b. State the petitioner's reasons for proposing the rule; and

c. Include a text of the proposed rule;

(3) Petitions for the amendment or repeal of a rule shall identify specifically which rule or rules are to be amended or repealed and state the petitioner's reasons for proposing the rule change;

(4) Petitions for a declaratory ruling shall identify all material facts and specify the statute, rule or order on which a declaratory ruling is sought;

(5) Each petition shall include the name and the address of the petitioner, and, if applicable, the name and address of the organization the petitioner represents; and

(6) Each petition shall include the date of the petition and shall be signed by the petitioner.

(b) If the petition is deficient and does not meet the minimum requirements of (a) above, the commission shall notify the petitioner within 10 working days of the receipt of the incomplete petition.

(1) Identify the specific deficiencies; and

(2) Contain an explanation of how the petition can be corrected and allow the petitioner to amend the petition in accordance with the terms of the notification.

(d) A complete petition which meets the requirements of these rules shall be placed on the next available commission agenda.

History

(See Revision Note #1 at chapter heading for Lot 200) #12093, eff 1-27-17 (See Revision Note #2 at chapter heading for Lot 200)

Part Lot 221 Explanation of Adopted Rules

N.H. Code Admin. R. Ann. Lot 221.01 Petition for Explanation of Adopted Rules {#sec-lot-221.01 omnilex-key=us-nh-regs-official--agency-lot--Lot 221.01}

(a) Any interested person may, within 30 days of the final adoption of a rule, request a written explanation of that rule.

(b) Each petition shall be in legible written form and addressed to the executive director as follows:

Executive Director, Lottery Commission

14 Integra Drive

Concord, NH 03301

(c) Petitions for explanations of adopted rules shall contain the name and address of the individual making the request or, if the request is that of an organization, the name and address of such organization and the name and address of the representative authorized by the organization to make the request.

(d) The executive director shall, within 90 days of receiving a request, provide a written response which:

(1) Concisely states the meaning of the rule adopted;

(2) Concisely states the principal reasons for and against the adoption of the rule in its final form; and

(3) State, if the commission did so, why the commission overruled any arguments and considerations presented against the rule.

APPENDIX

Rule

Specific State or Federal Statutes or Regulations which the Rule Implements

Lot 201

RSA 541-A:16, I(b)(2); RSA 541-A:30-a, I; RSA 284:13

Lot 202

RSA 541-A:16, I(b)(2); RSA 541-A:30-a, I

Lot 203

RSA 541-A:16, I(b)(2); RSA 541-A:22, IV; RSA 541-A:30-a, I

Lot 204