New Hampshire Administrative Code

(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 cau…

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 testi…

(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 informat…

(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 …

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. Notes N…

(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 …

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. Notes N.H. Admin. Code § Lo…

(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 test…

(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 presidin…

(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 is…

(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 th…

(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 pre…

(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…

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. Notes N.H. Admin. Code § Lot 217.01 #12093, eff 1/27…

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. Notes N.H. Admin. Code § Lot 217.02 #12093, eff 1/27/2017 (See Revi…

(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 e…

(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 …

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. Notes N.H. Admin. Code § Lot 217.05 #12093, eff 1/27/2017 (See Revision Note #1 at chapter hea…

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. Notes N.H. Admin. Code § Lot 218.01 #12093, eff 1/27/2017 (See Revision Note #1 at chapter heading for Lot 200) (S…

(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 …

A copy of the disciplinary sanction imposed shall be placed in the record. Notes N.H. Admin. Code § Lot 218.03 #12093, eff 1/27/2017 (See Revision Note #1 at chapter heading for Lot 200) (See Revision Note #2 at chapter heading for Lot 200).

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 ru…

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. Notes N.H. Admin. Code § Lot 219.02 #12093, eff 1/…

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, amen…

(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…

(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 …

(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…

(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 reco…

(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 proc…

(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 …

(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 ru…

(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 Driv…

The following definitions shall apply for the New Hampshire multi-state lottery association games: (a) "Annuity option" means an election of the player indicating payments from their jackpot share is to be made on an annuitized basis over a period of years; (b) "Bet" means a comb…

(a) To purchase a multi-state lottery game or subscription, an individual shall be 18 years of age or older. An individual under the age of 18 years of age may be the recipient of a multi-state lottery game ticket or subscription, and may redeem the ticket. (b) Once a ticket has …

(a) A winning ticket shall be eligible to receive a prize if the following are true: (1) The winning ticket was issued from an on-line terminal by an authorized lottery retailer; (2) The winning ticket information was recorded in the central computer system at least 59 minutes pr…

(a) Claims for payment of a winning multi-state lottery game ticket or subscription shall be made in accordance with the requirements set forth in Sw 600. (b) Claims submitted to the commission shall be subject to validation. (c) The first annuitized jackpot share shall be made n…

(a) Except as allowed by (b) below, only New Hampshire residents shall be permitted to purchase or receive MUSL game subscriptions. (b) Non-residents of New Hampshire may purchase pre-paid subscriptions in accordance with (e) below. (c) To purchase a subscription, the subscriber …

Each applicant wishing to become a sales agent of the commission shall complete and submit the following as part of the application approval process to the New Hampshire lottery commission "(commission)": (a) The "Sales Retailer Application" dated January 06, 2009. (b) The "Retai…

Each application shall be signed by the applicant and any partners of the applicant. Each signature shall be dated at the time of the signing. Notes N.H. Admin. Code § Lot 301.02 #83, eff 12/18/1978; EXPIRED: 12/18/1979; New. #8435, INTERIM, eff 9/21/2005, EXPIRED: 3/20/2006; New…

The retailer location shall provide the commission with a dedicated outlet to be used exclusively for the lottery equipment. A dedicated electrical circuit originates from the circuit breaker panel and terminates in a dual electrical outlet. This shall be located within 10 feet o…

A site survey shall be conducted by the current vendor to determine the type of communication the new location will receive for the lottery equipment. Notes N.H. Admin. Code § Lot 301.04 #10942, eff 10/2/2015 (See Revision Note at chapter heading for Lot 300).

The "Criminal Record Release Authorization form" shall be sent by each current member listed on the "Board of Directors Member Listing" to the division of State Police at the Department of Safety in Concord, New Hampshire, along with a $25.00 check made payable to the "State of N…

(a) Each application filed under Lot 301.01 shall be reviewed by the commission or the commission's designee to determine: (1) Whether the applicant has a good personal record with a national credit bureau; (2) Whether the applicant has complied with all the requirements of the I…

The following shall apply to a decision by the commission to grant or deny a completed application under Lot 301.01: (a) The commission, or designees appointed by the commission under RSA 284:21-i, I, shall review the application and either grant or deny the application in writin…

Retailers shall electronically transfer on a weekly basis the funds due the lottery commission for tickets sold. Notes N.H. Admin. Code § Lot 304.01 #6551, eff 7/29/1997, EXPIRED: 7/29/2005; New. #8435, INTERIM, eff 9/21/2005, EXPIRE: 3/20/2006; New. #8610, eff 4/16/2006, EXPIRED…

This chapter shall apply to all members of the general public wishing to place a sports wager in New Hampshire. Notes N.H. Admin. Code § Lot 3001.01 Derived from Volume XL Number 24, Filed June 11, 2020, Proposed by #130415/9/2020, Expires 5/9/2030.

The purpose of this chapter is to prescribe the requirements for the utilization of the sports wagering platforms offered by the New Hampshire lottery commission pursuant to RSA 287-I. Notes N.H. Admin. Code § Lot 3001.02 Derived from Volume XL Number 24, Filed June 11, 2020, Pro…