(b) The commission shall approve an application and issue a registration when:

1. (1) The application form is complete, including the submission of all supporting documentation required by Lot 4003.01(c)(2)-(6);
2. (2) The information provided on the application and on all supporting documentation is current and accurate;
3. (3) The applicant is authorized to transact business in the state of New Hampshire;
4. (4) The applicant is in good standing with the New Hampshire department of revenue administration;
5. (5) The applicant, including any principal salaried executive officers in the case of a business entity, has not been convicted, or plead guilty or nolo contendere to any crimes involving a gambling, breach of trust, falsehood, dishonesty, fraud, theft or financial crimes within 10 year prior of the date of the application when such acts are deemed a felony, or within 5 years of the date of the application when such acts are deemed a misdemeanor;
6. (6) The applicant has demonstrated compliance with the standards established by the American Institute of Certified Public Accountants, as required by RSA 287-H:3, IV;
7. (7) The applicant established and implemented commercially reasonable consumer protections procedures for fantasy sports contests, as required by RSA 287-H:3, I and described in Lot 4003.01(c)(6);
8. (8) The applicant has provided assurances that consumer funds will be held in segregated or special purpose accounts, in accordance with RSA 287-H:3, VIII;
9. (9) The applicant has provided assurances that it will identify highly experienced players and will offer some fantasy sports contests that are open exclusively to beginner players, in accordance with RSA 287-H:3, IX;
10. (10) The applicant has not made materially false statements in the application or in any documentation that was submitted as part of the application; and
11. (11) The applicant otherwise meets the qualifications for licensure as specified in RSA 287-H or this chapter.

(c) The commission shall deny an application when:

1. (1) The application form is not complete, or not all of the required documentation have been included with the submittal;
2. (2) The information provided on the application or on any of the supporting documentation is not current or is inaccurate;
3. (3) The applicant is not authorized to transact business in the state of New Hampshire;
4. (4) The applicant is not in good standing with the New Hampshire department of revenue administration;
5. (5) The criminal records indicates that the applicant, including any principal salaried executive officers in the case of a business entity, has been convicted, or plead guilty or nolo contendere for a felony, breach of trust, gambling, or moral turpitude, within the 10 years prior to the date of the application, or a misdemeanor involving falsehood or dishonesty within the previous 5 years;
6. (6) The third party audit required by RSA 287-H:3, IV(b) fails to confirm the applicant’s compliance with the standards established by the American Institute of Certified Public Accountants;
7. (7) The applicant has failed to establish or implement commercially reasonable consumer protection procedures for fantasy sport contests, as required by RSA 287-H:3, I and described in Lot 4003.01(c)(6);
8. (8) The applicant has not provided assurances that consumer funds will be held in segregated or special purpose accounts, in accordance with RSA 287-H:3, VIII;
9. (9) The applicant has not provided assurances that it will identify highly experienced players and will offer some fantasy sports contests that are open exclusively to beginner players, in accordance with RSA 287-H:3, IX;
10. (10) The applicant has made materially false statements in the application or in any documentation that was submitted as part of the application; or
11. (11) The applicant does not otherwise met the qualifications for licensure as specified in RSA 287-H or this chapter.

(e) An organization shall immediately notify the commission in the event that it no longer meets the qualifications for licensure as set forth in RSA 287-H and this chapter.

Source. #12479, eff 2-15-18

Rule

Specific State Statute the Rule Implements

Lot 4001

RSA 287-H

Lot 4002

RSA 287-H:1

Lot 4003

RSA 287-H:2 & RSA 287-H:3