- (a) Liquor and wine representatives or manufacturers, as applicable, may request a review of a commission decision regarding the listing, delisting, or change in distribution level of a product or item by submitting a letter to the commission stating the reason(s) for the review within 15 business days from the receipt of the commission’s decision.
- (b) The commission shall respond to the request for review within 15 calendar days of receipt of the letter in writing setting forth its determination with regard to the review and the reasons for its determination.
- (c) Except as provided in (e) below, the commission shall overturn its decision only when good cause is shown.
(d) For purposes of (c) above, good cause shall include, but is not limited to, consideration of the following:
- (1) The product is packaged in a unique bottle or other container;
- (2) The product is a unique or proprietary item;
- (3) The product is manufactured or bottled in New Hampshire, and therefore whenever feasible shall receive preferential treatment pursuant to RSA 176:12;
- (4) Certain extenuating circumstances outside the control of the liquor and wine representative or manufacturer affected sales or product availability; or
- (5) Clerical errors caused a material negative impact on the price or sales volume of the product.
- (e) If the commission determines that even when good cause is shown the product shall not maintain the required minimum gross profit, the commission shall, rather than overturn its decision, grant an extension of no longer than 6 months from date of its decision and shall review the product again during any such extension.
- (f) The commission’s determination to delist or change the distribution level of the product following the requested review or extension shall constitute a final decision.
Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24