New Hampshire Administrative Code

Each shipment of alcohol into New Hampshire from a direct shipper shall be clearly marked as "Alcoholic Beverages Adult Signature Required." Notes N.H. Admin. Code § Liq 1105.01 #6837, Interim, eff 9-1-98, EXPIRED: 12-30-98 New. #6924, eff 1-1-99, EXPIRED: 1-1-07 New. #9441-A, ef…

New Hampshire licensees who wish to obtain products from direct shippers shall request permission from the commission by sending a written request to the direct shipping unit of the commission, including: (a) Product information as follows:(1) For domestic, fortified, and table w…

The commission shall, in a public meeting, determine, pursuant to RSA 176:3, whether to approve the licensee request for purchase from a direct shipper based on the following: (a) Financial impact on commission and state revenue; (b) Impact on business relationships with New Hamp…

The direct shipping unit shall notify the licensee in writing whether or not the request for purchase was approved, and of any conditions that the commission attaches to the approval issued. A copy of the notice shall be sent to the direct shipper(s) named in the request. Notes N…

Any question arising, relating to an interpretation of RSA 175 - RSA 180, RSA 126-K, or administrative rules adopted by the commission shall be submitted in writing as a petition to the chairman of the liquor commission requesting a declaratory ruling. Notes N.H. Admin. Code § Li…

(a) The commission shall within 30 days after submission of a petition under Liq 201.01 make a declaratory ruling in writing to the petitioner; or (b) The commission shall notify the petitioner in writing of the reason for delay if more than 30 days are required to obtain:(1) Dat…

Any question arising, relating to an interpretation of RSA 175 - RSA 180 or the sections of RSA 126-K relating to the commission not specifically covered by liquor rules, and for which a declaratory ruling is not requested, shall be submitted in writing to the commission for a ru…

(a) Any person may petition the commission to adopt, amend, or repeal a rule. (b) The petition shall: (1) Be in writing; (2) Be sent to the chairman of the liquor commission; and (3) Be limited to a single subject matter; (4) State clearly:a. The name and address of the petitione…

The purpose of this part is to provide a uniform procedure for the conduct of public hearings at which comment from the general public shall be solicited. Notes N.H. Admin. Code § Liq 203.01 (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by #6545, eff 7…

(a) These rules shall apply to all hearings conducted by the commission at which public comment is solicited. (b) If any requirement set by these rules conflicts with an applicable statute, that statutory authority shall control. Notes N.H. Admin. Code § Liq 203.02 (See Revision …

Notice for public comment hearings concerning rulemaking shall appear within the commission state liquor stores at least 20 days prior to the hearing date(s) and shall provide the same information as required by RSA 541-A:6. Notes N.H. Admin. Code § Liq 203.03 (See Revision Note …

(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 in the following ways: (1) Limit the number of media representatives when their presence is disproportionate to the number of other cit…

(a) The hearing shall be presided over by a moderator who shall be the chairman of the commission or his/her designee. (b) The moderator shall: (1) Call the hearing to order; (2) Cause a recording of the hearing to be made; (3) Place limits on the media as set out in Liq 203.04; …

(a) Any person who wishes to speak on the issue or issues which are the subject of the hearing shall place his or her name and address on a speakers list before the last speaker on the list has finished speaking. (b) All those whose names appear on the speakers list shall be affo…

The procedures set forth in this section shall apply to all regular and special meetings conducted by the commission and to all matters scheduled to be presented to or heard by the commission at any regular or special meeting that are not rulemaking hearings, adjudicatory hearing…

(a) All regular meetings of the commission shall be held in its Concord offices. (b) Special meetings, including meetings held to inform the public or solicit public comments, shall be held in Concord or at such other places as the commission shall determine based on consideratio…

(a) Regular meetings of the commission shall be held on Wednesday of each week. When Wednesday is a holiday the regular meeting of the commission shall be held on the day following the holiday. (b) Special meetings shall be held at the call of the chairman or his/her designee. (c…

All regular and special meetings of the commission shall be recorded. Minutes of the meeting shall be prepared and distributed to the commission members and applicable commission division heads. Notes N.H. Admin. Code § Liq 204.04 #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPI…

(a) The chairman of the liquor commission or his/her designee shall be the presiding officer of all special and regular meetings. (b) The presiding officer shall:(1) Regulate the conduct of the meeting; (2) Rule on issues of procedure; and (3) Take such other actions as necessary…

(a) This part shall provide the rules of practice and procedure for the conduct of hearings which affect the rights or privileges of any person. (b) The rules in this section shall apply to all hearings conducted by the commission except public hearings for rulemaking purposes. N…

(a) "Adjudicative hearing" means any proceeding in which the rights, duties, or privileges of a person are determined by the commission, including action on reports of violation, permission requests of licensees and licensing, but not including non-adjudicatory hearings or rulema…

Any licensee who has been charged with a violation shall contact the office of the chief of enforcement within 5 working days after receiving the investigator's field administrative notice to schedule a hearing and/or a prehearing conference, unless the licensee wishes to waive h…

(a) Upon request of any party, or his/her own request and with agreement of all parties, the chief of enforcement or the chief's designee shall schedule one or more informal conferences prior to the commencement of formal proceedings. (b) Matters to be considered at a prehearing …

(a) In the case of a violation as defined by Liq 601.03(x), the chief of enforcement or his/her designee shall try to negotiate a settlement. (b) Upon agreement by all parties to an offer of settlement, the chief of enforcement or his/her designee shall cause a formal document to…

(a) An individual may appear in a proceeding by personal attendance or through the attendance of a representative appointed in writing by the individual. (b) Persons other than individuals may be represented by:(1) A licensed attorney; and/or (2) An officer, director, member, own…

(a) Any time period specified in this part shall:(1) Begin with the day following the event, act, or default; and (2) Include the last day of the period unless it is a Saturday, Sunday or state legal holiday, in which event the period shall run to the end of the next day which is…

(a) All documents filed under this part shall:(1) Be on strong, durable, opaque, unglazed paper at least 8-1/2 x 11 inches in size; (2) Be reproduced by printing, or other process providing a clear, legible copy and printed or typed in clear type not smaller than elite; (3) Be pr…

(a) All petitions, motions and replies filed with the commission shall be signed by the party, or if represented, by his/her representative. (b) The signature on the document shall constitute certification by the signer that the signer: (1) Has read the document; (2) Is authorize…

(a) The following procedures shall apply to all pleadings, petitions and responses: (1) The only pleadings permitted other than motions shall be petitions and replies thereto; (2) Unless otherwise specified by statute or rule all petitions shall contain:a. The name and address of…

(a) This section shall apply to all adjudicative proceedings. (b) The commission shall commence an adjudicative proceeding by issuing an order of notice which: (1) Identifies the parties to the proceeding as of the date of the order; (2) Briefly summarizes the subject matter and …

(a) Unless otherwise provided in this chapter all notices of hearings shall: (1) Be prepared and forwarded to all parties or their representatives so as to afford all parties sufficient opportunity to prepare for and develop the issues to be considered and decided at the hearing;…

(a) When a licensee receives an adverse decision as a result of an administrative hearing with regard to a violation, the presiding officer shall examine the licensee's record and note all violations. (b) The number of recorded violations shall be used in determining what adminis…

(a) The presiding officer shall consider any testimony or evidence offered by the prosecuting investigator, the licensee, and by all witnesses. (b) The presiding officer, when hearing testimony or evidence regarding a violation of a statute or an administrative rule, shall consid…

(a) After hearing testimony and considering all evidence presented, including aggravating and mitigating factors, the commission shall reach a decision on administrative action to be taken with respect to any administrative hearing within 15 working days of the final hearing, or …

(a) Any party to an adjudicative hearing may petition the commission for a rehearing within 30 calendar days of being notified of the commission's decision. (b) The commission shall grant a rehearing only in cases when the petitioner demonstrates that: (1) The decision rendered w…

(a) The governing body of any city or town which has accepted the provisions of RSA 663:5, I(b), (c), and (d), may petition the commission for the revocation of a liquor license located within that community. (b) The petition shall: (1) Be in writing; (2) Be sent to the chairman …

(a) Within 10 working days after submission of the complete petition the commission shall consider it and: (1) Require specific written information be furnished to clarify the petition, if necessary; (2) Deny the petition in writing, stating the reasons therefore; or (3) Schedule…

(a) The petition shall be denied for any of the following:(1) Lack of factual information documenting the charges in the petition; (2) Failure of the petitioner to notify the licensee of the alleged practices leading to the petition and allow the licensee opportunity to correct s…

The chairman or his or her designee shall hold revocation hearings initiated under this part subject to the provisions of Liq 205, with the exception that: (a) Liq 205.03, Liq 205.04, and Liq 205.05 shall not apply; and (b) Liq 205.12(f)(6) and (7) shall not apply. Notes N.H. Adm…

Revocation hearings shall be held when the petitioner alleges that: (a) There is continual or longstanding disregard of state law or administrative rules at the licensed business; or (b) The location of the business is not appropriate considering either the nature of the business…

The presiding officer shall consider the following commission records for the purposes of revocation: (a) The record of violations of the licensee taken as a whole for the past 5 years; and (b) The truthfulness of the licensee in his original application and any amendments filed …

(a) The presiding officer shall consider as evidence:(1) Police logs and reports; (2) Documented complaints made to:a. Local or state police; b. Other local officials; or c. State officials or the commission; (3) Orders, correspondence, or other documents from town officials to t…

The chairman, deputy commissioner, or their designee shall revoke the license as required by the petitioners upon finding that: (a) A preponderance of the evidence presented indicates that the facts alleged in the petition for revocation are substantially correct; and (b) The fac…

The purpose of this part is to set forth the manner in which the commission shall hold hearings prior to issuing licenses, the manner in which the commission shall communicate to license applicant's denials of licenses, and how the commission shall hold appeal hearings on such de…

Prior to issuing a new license, the chairman or his or her designee shall hold a public informational hearing if requested by the local governing authority or the public, or if the commission requires additional information to determine whether the license applicant meets the cri…

When denying a license application, either new or renewal, the presiding officer shall: (a) Notify the applicant in writing, specifying the reason(s) for denying the application; (b) Notify the applicant of their right to a hearing before the commission; (c) Notify the applicant,…

License denial appeals hearings shall be conducted under the provisions of Liq 205. Notes N.H. Admin. Code § Liq 208.04 #8670-B, eff 7-1-06 Amended by Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12207-A, Effective 6/14/2017.