N.H. Code Admin. R. Lot 304.01 – Suspensions and Revocations

(a) The following violations shall be considered grounds for revocation of a license:
1. (1) Failing to comply with the requirements of RSA 284 or this chapter, including failing to comply with the conditions of the lottery retailer agreement;
2. (2) Failing to display commission point-of-sales material in a manner readily available to the public;
3. (3) Failing to take corrective action following the suspension of a license;
4. (4) Having a history of thefts or other forms of losses of lottery product or revenue therefrom;
5. (5) Failing to accurately account for tickets received or for the proceeds of the sale of tickets or to file a bond, if required by the commission;
6. (6) Providing false or misleading information to the commission, including willfully and knowingly making false statements or false entries in any books or records with respect to any transaction connected with the sale of lottery games;
7. (7) Failing to make payments in accordance with Lot 303.03(a) above;
8. (8) Hindering or obstructing an authorized representative of the commission in the performance of official duties, such as refusing to access to the premises, or failing to produce any books, records, or documents for review;
9. (9) Engaging in fraud, deceit, misrepresentation, or conduct prejudicial to public confidence;
10. (10) Manipulating the outcome of any game or otherwise compromising the integrity of the game;
11. (11) Selling lottery games to individuals under the age of 18 years of age;
12. (12) Engaging in any conduct that undermines the public confidence in lottery games or does not otherwise protect the public’s interests or the interests of the state of New Hampshire;
13. (13) Engaging in any conduct that serves the interest of organized gambling or crime and criminals in any manner;
14. (14) Participating in illegal activities including possessing illegal gambling equipment, or permitting illegal gambling in the premises;
15. (15) Selling bulk tickets in violation of Lot 302.10 or knowingly selling tickets to purchasers acting in concert to purchase lottery tickets; or
16. (16) Being found by the commission to lack the experience, character, general fitness, and professional conduct such that the retailers participation as a lottery retailer is inconsistent with public interest or convenience.
(b) Upon the effective date of the revocation, the licensee shall immediately cease holding itself out to the public as a licensee of the commission, and cease engaging in any act for which licensing is required.
(c) Failure to comply with (b) above shall constitute separate grounds for further disciplinary action.
(d) Upon termination of a lottery retailer's license for any reason, the lottery retailer shall comply with the commission’s instructions regarding payment of remaining amounts owed by the lottery retailer, and the surrender of the lottery retailer license, lottery equipment, tickets, and other material provided by the commission.
(e) If the lottery retailer fails to comply with such instructions, the commission shall take steps to impose such penalties and exercise such enforcement powers as might be provided for by law, including referral of the debt for collection or further action. The lottery retailer may be liable in the amount of the debt, plus any collection costs, penalties, interest, and attorney fees to which the commission may be entitled.
(f) If a license has been revoked, the commission shall not issue a subsequent license until:
1. (1) The passage of the amount of time specified in the revocation order;
2. (2) The licensee submits an application in accordance with this chapter;
3. (3) The licensee demonstrates that the cause for revocation no longer exists; and
4. (4) The licensee demonstrates that any corrective actions that were ordered by the commission have been fully implemented.
(g) Grounds for a suspension shall exist when one or more violations are grounds for license revocation, as set forth in (a) above, but the licensee did not act with the intent to deceive, and the deficiencies can be corrected to conform to applicable requirements.
(h) Upon the effective date of the suspension, the licensee shall immediately cease engaging in any act for which a license is required until the commission grants reinstatement pursuant to (m) below.
(i) If the commission orders the temporary suspension of a lottery retailer’s license pending any prosecution, investigation, or hearing, the lottery retailer shall permit the commission to retrieve lottery equipment, tickets, and other material provided by the commission that might be in the lottery retailer’s possession.
(j) Failure to comply with (h) or (i), above, shall constitute separate grounds for further legal and licensing action.
(k) A lottery retailer under a temporary suspension shall continue to remit amounts owed to the commission when required during such temporary suspension.
(l) The minimum period for suspension shall be the amount of time necessary for the licensee to take corrective action ordered by the commission and return to compliance.
(m) The commission shall reinstate a suspended license when:
1. (1) The licensee submits to the commission a written request for the license to be reinstated with documentation demonstrating that all of the corrective actions ordered by the commission have been taken; and
2. (2) The commission determines that all corrective actions have, in fact, been taken and the licensee has returned to compliance.
(n) If the commission does not grant the request for reinstatement it shall so notify the petitioner and provide the opportunity for a hearing.
(o) If, after receiving a request for a license, the commission has information that indicates that a reason, as set forth in (a) above, exists to refuse the request, the commission shall inform the licensee of the information and offer an opportunity for the licensee to respond to the information prior to a decision being made on the application.
(p) The commission shall not issue a license until such time as the reason(s) for the refusal have been corrected.
(q) Pursuant to RSA 541-A, RSA 541, if applicable, and Lot 200, prior to taking adjudicative action, the commission shall send to the licensee a written notice, which states:
1. (1) The intended action;
2. (2) The reason(s) for the intended action;
3. (3) The right to request an administrative appeal, as applicable; and
4. (4) In the case of a notice of suspension, notification that if the deficiencies are not corrected within the specified time, the license shall be deemed revoked.
(r) Upon revocation or suspension of a lottery retailer’s license for any reasons whatsoever, the lottery retailer shall appear at lottery headquarters by a date designated by the commission for the purpose of rendering the lottery retailer’s final lottery accounting, and the surrender of lottery retailer’s license, and other lottery property.
Source. #14474, eff 1-7-26, EXPIRES 1-7-36
Appendix A
Rule
Specific State Statute the Rule Implements
Lot 301
RSA 284:21-i, V (a)(5)
Lot 302
RSA 284:21-h, II (d) and II-a, III
Lot 303
RSA 284:21-i, V (a)(5)
Lot 304
RSA 284:21-h, II (d)