(a) Pursuant to RSA 287-E:25 and RSA 287-E:25-a, disciplinary measures available to sanction misconduct shall include:
- (1) Imposition of an administrative order or fine;
- (2) Suspension of a license for a period of up to one year; and
- (3) Revocation of a license.
(b) Other than the immediate suspension of a license, the commission shall impose disciplinary sanctions only:
- (1) After prior notice to the licensee and the opportunity for him or her to be heard per the requirements of RSA 541-A:3-, II; or
- (2) By agreement in a settlement between the commission and the licensee made pursuant to Lot 200.
- (c) The commission shall provide all notices and conduct all hearings in accordance with the requirements set forth in RSA 541-A, Lot 200, and this part, as applicable.
(d) The commission shall apply the following factors to determine which sanction or combination of sanctions to impose:
- (1) The seriousness of the offense;
- (2) Prior disciplinary record(s);
- (3) Previous and subsequent patterns of conduct;
- (4) Acknowledgment of his or her wrongdoing;
- (5) Willingness to cooperate with the commission;
- (6) Action taken to correct the problem;
- (7) The purpose of the rule or statute that was violated;
- (8) The potential harm to public health, safety and welfare; and
- (9) The nature and extent of the enforcement activities required of the commission as a result of the offense.
(e) The commission shall select appropriate sanction(s) by choosing the sanction(s) most likely to:
- (1) Protect public health, safety or welfare;
- (2) Prevent future misconduct;
- (3) Correct the attitudinal, educational, or other deficiencies which led to the misconduct;
- (4) Encourage the responsible practices of operating a charitable gaming event; and
- (5) Ensure the integrity of charitable gaming in New Hampshire.
Source. (See Revision Notes #1 and #2 at chapter heading for Lot 7100) #13068, eff 6-27-20; ss by #13913, eff 3-22-24 (formerly Lot 7112.01)