1. (a) “Address” means a postal address or, for the purposes of electronic communication, a fax number, or an e-mail address.
2. (b) "Adjudicative proceeding" means the procedure followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.
3. (c) "Administrative fine" means any dollar amount allowed by law which is assessed by the commission for any violation of statute, order, or administrative rule.
4. (d) "Administrative notice" means the final disposition in an adverse commission order that results in an administrative penalty and remains on a licensee’s violation history. It does not include an administrative notice issued by the marketing division pursuant to Liq 401.03.
5. (e) "Administrative penalty" means conditions, administrative fine, points, suspension, or revocation.
6. (f) "Aggravated violation" means any violation of statute, rule, or commission order that endangers the public or results in serious bodily injury or death.
7. (g) "Aggravating factor" means any conduct described in Liq 602.02 (c).
8. (h) “Chairman” means the chairman of the New Hampshire liquor commission.
9. (i) "Commission" means the New Hampshire liquor commission.
10. (j) "Commission order" means a document issued by the commission, the director, or the presiding officer making factual findings, declaring rights of parties, requiring a person to do or abstain from doing something, or determining a person's rights or privileges.
11. (k) "Contested case" means “contested case” as defined in RSA 541-A:1, IV, namely “a proceeding in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after notice and an opportunity for hearing.”
12. (l) "Director" means the director of the division of enforcement and licensing.
13. (m) “Division” means the division of enforcement and licensing.
14. (n) “Document” means any accounts, books, contracts, records, memoranda, and papers of any kind whatever including electronically stored material.
15. (o) "File" means to place a document in the actual possession of the commission.

16. (p) “Final recommendation of commission action” means the document reviewed by the division,

    provided to the presiding officer, and served on the licensee with a hearing notice.

17. (q) "Hearing" means “adjudicative proceeding” as defined by RSA 541-A:1, I, namely, “the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36,” .
18. (r) “Hearing notice” means a document containing the docket number and the schedule for a hearing.
19. (s) "Investigator" means a liquor enforcement officer who is authorized under RSA 126-K:9, RSA 176:9, and RSA 179:59 to enforce statutes administrative rules and commission orders.
20. (t) "License" means the authority granted by the commission to engage in the sale of liquor, wine, beverages, tobacco products, or e-cigarettes otherwise unlawful unless evidenced by such document.
21. (u) “Licensee” means the person to whom a license of any kind is issued by the commission.
22. (v) "Licensing" means the process including but not limited to the issuance, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license, or the imposition of terms for the exercise of a license.
23. (w) "Mitigating factor" means any conduct described in Liq 602.02 (d).
24. (x) "Nonadjudicative processes” means nonadjudicative processes as defined by RSA 541-A:1, X, namely, all agency procedures and actions other than an adjudicative proceeding.
25. (y) "Party" means ‘party’ as defined by RSA 541-A:1, XII, namely, each person or agency named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party.

26. (z) "Person" means "person" as defined by RSA 175:1, LIII, RSA 126-K:2, VI, or RSA 541-A:1 XIII, as applicable, and includes any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency or commission.

    (aa)“Petition" means any application, complaint, request, or other communication to the commission other than a motion, seeking an order, license, or other relief.

27. (ab) "Point" means a numerical value assigned to a violation, used to determine a licensee's overall record for an administrative penalty or renewal of license.
28. (ac) "Presiding officer" means that individual to whom the chairman has delegated the authority to preside over a proceeding, if any; otherwise, it means the chairman.
29. (ad) “Proof by a preponderance of the evidence” means a demonstration by admissible evidence that a fact is more probable than not to be true.
30. (ae) “Public hearing and comment” means ‘public hearing and comment’ as described by RSA 541-A:11, I. (a), namely, at least one public hearing held on all proposed rules filed pursuant to RSA 541-A:3 that affords all interested persons reasonable opportunity to testify and to submit data, views, or arguments in writing or in electronic format, in accordance with the terms of the notice filed pursuant to RSA 541-A:3, I.
31. (af) “Recommendation of commission action” means the allegation of violation served on the person in charge of the premises licensed by the commission, by, or at the direction of, an investigator, setting forth the statute(s), commission orders, or rules violated, the facts supporting the violation(s), and the division’s recommendation.
32. (ag) "Revocation" means to void, annul by recalling, withdraw, or rescind any license issued by the commission.
33. (ah) “Serious bodily injury” means any harm to the body which causes severe, permanent, or protracted loss of or impairment to the health or of the function of any part of the body.
34. (ai) "Signature" means a person's written name used as a form of identification, whether in original, photocopied, or electronic form.
35. (aj) "Suspension" means that the license allowing sale of alcoholic beverages or tobacco, as applicable, is to be discontinued until such time as the suspension ends.
36. (ak) "Violation" means failure to comply with the requirements of RSA 175 through RSA 180, RSA 126-K, the commission administrative rules, or a commission order.
37. (al) “Violation history” means the record of violations.
38. (am) "Warning" means the final disposition in an adverse commission order that remains on the licensee’s violation history but does not impose an administrative penalty.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24