New Hampshire Lottery Commission : CHAPTER Sw 200 Rules of Practice and Procedure

Sw 201.01 Purpose. This chapter provides procedural rules for the conduct of hearings before the New Hampshire lottery commission affecting the rights or privileges of any person or organization.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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Sw 201.02 Scope. The procedures specified in this chapter shall apply whenever hearings before the commission are required by statute or rule.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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PART Sw 202 DEFINITIONS

Sw 202.01 Definitions. The following definitions shall apply for rules of fair hearings:

"Commission" means the New Hampshire lottery commission.
"Commissioner" means a member of the New Hampshire lottery commission.
"Complaint" means a written allegation of conduct prohibited by applicable statutes or rules of the commission.
"Complainant" means a person who has filed a complaint against another person or organization.
"Data" means all information, other than argument, whether finished or unfinished, including, but not limited to:
1. Oral or written descriptions;
2. Reports;
3. Maps or charts;
4. Drawings or photographs;
5. Audio or video recordings;
6. Computer programs or computer printouts;
7. Testimony, notes, or memoranda; and
8. Other documents.
"Declaratory ruling" means an agency ruling as to the specific applicability of any statutory provision or of any rule or order of the agency.
"Hearing" means the receipt by the agency of data or argument, or both, from persons.
"License" means the permit, certificate, approval, registration, designation, charter or similar form of permission required pursuant to statutes or rules administered by the commission.
"Order" means the final disposition of a matter before the commission.
"Presiding officer" means a commissioner or his/her designee who presides over a proceeding.
"Proceeding" means any adjudication in which the legal rights, duties or privileges of a person or organization are required by rule or statute to be determined by the agency after opportunity for a hearing.
"Respondent" means a person against whom a complaint has been filed under these rules or statutes administered by the commission.
"Revocation" means loss of a license or approval granted by the commission.
"Suspension" means temporary loss of a license or approval by the commission.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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PART Sw 203 COMPLIANCE WITH RULES

Sw 203.01 Failure to Comply with Rules. Failure to comply with these rules shall result in the commission:

Refusing to accept a non-compliant document for filing;
Denying or conditionally denying a non-compliant application or request; or
Issuing an order adverse to a non-compliant person.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-B, eff 8-23-05

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Sw 203.02 Requests for Waiver from Application of Rules.

A person may request the commission to grant a waiver from the application of that rule provided the requirements of this section are met.
A request for a waiver shall:
1. Be in writing;
2. Specify the rule(s) by number; and
3. Specify each and every fact which the person relies upon to support the request for a waiver.
The commission shall grant the waiver if:
1. The waiver does not result in any material prejudices; and
2. Granting the waiver does not conflict with any applicable statute.
The commission shall render a decision to grant or deny the request for a waiver within 30 days of the filing of the request.
The commission shall notify the person in writing within 10 days of the decision to grant or deny the request in writing.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-B, eff 8-23-05

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PART Sw 204 INVESTIGATIONS

Sw 204.01 When and by Whom Investigations May be Conducted.

The commission shall conduct an investigation if:
1. Information is received which leads the commission to believe a violation of any statute administered by the commission, or of any commission rule, has occurred or is likely to occur;
2. A complaint against a person or entity under the jurisdiction of the commission has been received; or
3. Additional information relevant to a commission proceeding is required.
Pursuant to RSA 284:21-i, I, the commission shall employ technical assistants, as authorized by the governor and council, to act as investigating officers to conduct an investigation and submit an investigation report to the commission for their approval. The commission shall review and approve or reject such report within 30 days.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-B, eff 8-23-05

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Sw 204.02 Authority of Investigating Officer(s).

The commission or appointed investigating officer(s) shall interview the person/organization alleged to have committed the violation or about to commit a violation, and/or any other person who might have knowledge of the violation or potential violation.
The commission shall specify points to be covered during the investigation, such as, but not limited to, whether the conduct being complained about represents an isolated incident, or whether similar complaints have been received.
The investigating officer(s) shall review records, data and other documents to obtain information pertinent to the investigation.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-B, eff 8-23-05

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PART Sw 205 COMPLAINTS

Sw 205.01 Who May File a Complaint. Any person who has personal knowledge that any other person, or any entity approved by the commission has violated any statute or rule administered by the commission may file a complaint against that person or entity.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-B, eff 8-23-05

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Sw 205.02 Misconduct Sufficient to Support a Complaint. Misconduct sufficient to support a complaint shall include:

The practice of fraud or deceit in dealing with the commission or with the public; and
Violation of any statutes or rules administered by the commission.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-B, eff 8-23-05

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Sw 205.03 Receipt and Review of Complaints.

If the commission receives a complaint and finds that the complaint has no merit, the commission shall dismiss the complaint and so notify the complainant.
If the commission finds that a complaint may have merit, the commission shall notify the complainant.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-B, eff 8-23-05

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Sw 205.04 Form of Complaints. Complaints filed with the commission shall contain:

The name and address of the complainant;
The name and address of the complainant's representative, if any;
A concise statement of the facts which caused the complainant to file the complaint;
The identification of any statutes, rules, orders or other authority which the complainant alleges have been violated, if known to the complainant; and
The name and address of the person or entity against whom the complainant complains.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-B, eff 8-23-05

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Sw 205.05 Receipt and Review of Written Complaints.

Upon receipt of a written complaint, the commission shall determine whether or not to commence an investigation.
The commission shall, pursuant to the report of the investigating officer (s), if applicable:
1. Dismiss the complaint and notify the aggrieved complainant of such dismissal within 10 days of such decision, stating the reasons for such dismissal.
2. Commence an adjudicative proceeding pursuant to these rules.
The commission shall dismiss a complaint if the complainant fails to state clearly the circumstances of the complaint, fails to respond to a request for information, or fails to participate in any investigation or hearing ordered by the commission.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-B, eff 8-23-05

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PART Sw 206 PRESIDING OFFICER'S PARTICIPATION AND SCHEDULING

Sw 206.01 Applicability. These rules apply to all proceedings conducted by the commission except rulemaking and nonadjudicative investigations.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

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Sw 206.02 Presiding Officer. The presiding officer shall be a commissioner.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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Sw 206.03 Authority and Duties of Presiding Officer.

The presiding officer shall:

Have all authority with respect to the conduct of proceedings conducted by the commission, including but not limited to, the power to administer oaths and to direct the course of the proceeding; and.
Serve notices upon all parties to the proceeding as to any session, conference, or other event occurring in the proceeding.

Upon his or her initiative or upon the motion of any party or intervenor, the presiding officer shall withdraw from any adjudicative proceeding for good cause.
Good cause under (b) above shall exist if the presiding officer:
1. Has a direct interest in the outcome of the matter, including but not limited to, a financial or family relationship with any party or intervenor;
2. Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of the case; or
3. Personally believes that he or she cannot fairly judge the facts of the case.
Mere knowledge of the issues or acquaintance with any party, intervenor, or witness shall not constitute good cause for withdrawal by the presiding officer.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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Sw 206.04 Roles of Complainant and Commission Staff.

A complainant alleging misconduct by a license or a commission-approved person or entity shall be a party to the proceeding.
Unless named as a party in the order of notice or called as witnesses, commission staff shall have no role in any hearing.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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Sw 206.05 Representation.

If a complainant chooses to be represented by some other person, he or she shall notify the commission at the earliest date practical of the name and address of the representative.
Any complainant in a commission proceeding may be represented by counsel, but counsel so retained shall not be paid for by the state.
Requests for appointment of counsel shall not be entertained.
A representative shall be either an attorney-at-law, licensed in New Hampshire, or such other individual as the complainant may designate.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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Sw 206.06 Disqualification or Suspension. The commission shall, after notice and opportunity for hearing, upon a finding of misconduct, pursuant to Sw 205.02, by any individual relating to representation before the agency, prohibit that individual from acting as representative before the agency.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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Sw 206.07 Computation of Time. Any period of time specified in these rules shall begin with the day following the act, event, or default and end on the last day of the period, but shall not include Saturdays, Sundays or state legal holidays.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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Sw 206.08 Change in Allowed Times.

Except where the time is fixed by statute, the commission shall extend or shorten the time provided for the filing of any document, or advance or postpone the time set for any oral hearing if the request for a change of time meets the requirements in (b) and (c) below.
A request to change time shall be filed at least 4 business days preceding the event in question.
A request for a change of time shall be granted upon a finding of diligence and hardship to the complainant making the request which outweighs any hardship likely to be suffered by any other party to the proceeding.

Source. #8419-A, eff 8-23-05

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Sw 206.09 Continuances.

Any party or intervenor may make an oral or written motion that a hearing be delayed or continued to a later date or time.
A motion for a delay or a continuance shall be granted if the presiding officer determines that a delay or continuance would assist in resolving the case fairly.
If the later date, time, and place are known when the hearing is being delayed or continued, the information shall be stated on the record. If the later date, time and place are not known at that time, the presiding officer shall as soon as practicable issue a written scheduling order stating the date, time and place of the delayed or continued hearing.

Source. #8419-A, eff 8-23-05

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Sw 206.10 Intervention Procedure.

Petitions for intervention shall:

Describe the petitioner's interest in the subject matter of the proceedings; and
Be submitted in writing to the presiding officer.

A copy of a petition submitted pursuant to (a) above shall be mailed to the board and to all persons identified in the notice commencing the adjudicative proceeding.
A petition for intervention shall be granted by the presiding officer if:
1. The petitioner complied with (a) above and (b) above at least 3 days before the hearing and the presiding officer determines that:
  1. The petition states facts demonstrating that the petitioner's rights, duties, privileges, immunities or other substantial interests might be affected by the proceedings or the petitioner qualifies as an intervenor under law; and
  2. The intervention sought would not impair the interests of justice and the orderly and prompt conduct of the proceedings; or
2. The petitioner complied with (a) and (b) above at any time and the presiding officer determines that the intervention sought would be in the interests of justice and would not impair the orderly and prompt conduct of the proceedings.
Approval of intervention by the presiding officer shall apply only to the proceeding in which the petition for intervention was granted.
Notwithstanding the provisions of this chapter, an intervenor's right to participate in an adjudicative proceeding shall be subject to any limitations or conditions imposed by the presiding officer pursuant to RSA 541-A:32, III.
An intervenor shall take the proceedings as he or she finds them and no portion of the proceeding shall be repeated because of the fact of intervention.

Source. #8419-A, eff 8-23-05

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PART Sw 207 FILING OF DOCUMENTS AND DELIVERY OF COPIES

Sw 207.01 Filing of Documents with the Commission. A document shall be deemed as filed with the commission when it is actually received by the commission.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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Sw 207.02 Form, Appearance and Number of Documents. All documents filed pursuant to these rules shall be filed with an original and 3 copies, and shall be printed or typed in clear and legible form.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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Sw 207.03 Assurances.

All documents filed with the commission shall be signed by the party, or if the party has chosen a representative, by the representative.
By signing the document, the signor shall thereby agree:
1. That the signor has read the document;
2. That the signor is authorized to file the document;
3. That, to the best of the knowledge, information, and belief of the signor, the statements made in the document are true; and
4. That it is not filed for delay.
All documents shall contain the address and title, if any, of the signors.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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Sw 207.04 Sending Copies of Documents to All Parties.

Copies of all documents filed by any party to a commission proceeding shall be sent by that party to all other parties to the proceeding on or before the date it is filed with the commission by:
1. Depositing a copy of the document in the United States mail, first class postage prepaid, addressed to the complainant or, if represented, to the complainant's representative; or
2. Delivering a copy of the document in hand to the complainant or, if represented, to the complainant's representative.
Copies of all notices or other documents issued by the commission pursuant to a commission proceeding shall be sent by the commission to all parties to the proceeding on the date the commission files the document in the record of the proceeding by:
1. Depositing a copy of the document in the United States mail, first class postage prepaid, addressed to the complainant or, if represented, to the complainant's representative; or
2. Delivering a copy of the document in hand to the complainant or, if represented, to the complainant's representative.
Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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PART Sw 208 COMMENCEMENT AND PROCESS OF PROCEEDING
Sw 208.01 Commencement. Commencement shall be determined as follows:
1. The commission shall commence a proceeding by issuing an order of notice;
2. The order of notice shall:
  1. Identify the legal authority for the hearing as well as identify the parties to the proceeding as to the date of the notice;
  2. Briefly summarize the subject matter of the proceeding, and identify the issues to be resolved;
  3. Specify applicable statutory authority, and any applicable commission rules;
  4. Specify the date, time and location of the oral hearing, if any, which might be a pre-hearing conference limited to procedural matters;
  5. Specify the date and address for the submission of written documents;
  6. Identify the presiding officer for the proceeding; and
  7. Include a statement that each party has the right to have representation by an attorney at the party's own expense.
Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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Sw 208.02 Hearing Record and Notice.
1. The presiding officer shall establish a record of the proceeding and send a copy of the order of notice to all parties to the proceeding at least 15 days before the first date of the hearing.
2. Copies of all subsequent orders and notices in the proceeding shall also be sent to all parties involved within 10 days.
3. Orders, notices, written documents, and all other materials submitted in a proceeding shall be kept in the hearing record in the main office of the commission.
Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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Sw 208.03 Pre-Hearing and Other Informal Conferences. During any proceeding, the presiding officer shall direct all individuals to the proceeding to attend one or more informal conferences if the presiding officer determines that such conference(s) shall aid in the efficiency of the hearing process.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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Sw 208.04 Evidence.
1. Commission proceedings shall admit any and all data which will reasonably assist the commission to arrive at the truth.
2. The presiding officer shall exclude data which is irrelevant, immaterial, or unduly repetitious.
Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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Sw 208.05 Burden of Proof. The party asserting the affirmative of a proposition shall have the burden of proving the truth of that proposition by a preponderance of the evidence.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

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Sw 208.06 Method of Proceeding.
1. Testimonial, documentary and physical evidence shall be offered in the presence of the presiding officer.
2. All witnesses giving testimony shall be administered an oath or affirmation by the presiding officer.
3. Exhibits shall be sequentially identified and numbered in a single series.
4. The order to present evidence shall be as follows:
  1. The party who bears the burden of proof shall first present all evidence necessary to support his/her allegation;
  2. The party responding, if any, shall then present any evidence desired in defense, or as directed in the order of notice;
  3. The party that bears the burden of proof shall then present any evidence desired in rebuttal; and
  4. A party who calls a witness shall first examine the witness. Thereupon, the party opposing may cross-examine the witness. The party sponsoring the witness may then re-examine the witness.
5. Oral sessions of the proceeding shall be audio-recorded.
6. A copy of the tape shall be made and kept in the record.
7. The presiding officer shall close the proceedings after all evidence is offered and all witnesses have presented their testimony.
Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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Sw 208.07 Reopening the Record.
1. If no decision has been issued, any party or intervenor may move to reopen the record for the inclusion in the record or specified evidence or claims of law.
2. A motion pursuant to (a) above shall be granted if:
  1. There is no objection from any other party or intervenor;
  2. The evidence sought to be included in the record was not available at the time of the hearing or the claim of law was inadvertently omitted; and
  3. The presiding officer determines that the evidence or claim of law is relevant, material, and non-duplicative and its inclusion in the record is necessary to a full and fair consideration of the issued to be decided.
3. If there is an objection from a party or intervenor to a motion made pursuant to (a) above, the hearing shall be reopened for the purpose of receiving evidence, permitting cross-examination and permitting argument on the issue of reopening the record.
4. The presiding officer shall grant a motion made pursuant to (a) above if, after the reopened hearing described in (c) above, the presiding officer determines that the evidence sought to be included in the record was not available at the time of the hearing or the claim of law was inadvertently omitted and the evidence or claim of law is relevant, material and non-duplicative and its inclusion in the record is necessary to a full and fair consideration of the issues to be decided.
5. If the presiding officer permits the reopening of the record for the admission of specified evidence or claim of law, the presiding officer shall extend the hearing reopened pursuant to (c) for the purpose of receiving evidence, permitting cross-examination and permitting argument on the substance of the evidence or on the claim of law.
Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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Sw 208.08 Decision of the Commission.
1. The commission shall issue a decision in the form of a final order within 30 days of the proceeding.
2. A copy of the final order shall be sent to all parties to the proceeding within 10 days of the date of the final order.
3. The commission shall be present at the hearing and observe all witnesses in the situation where credibility is a material issue.
4. The commission shall keep a final decision in its records for at least 5 years following its date of issuance, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.
Source. #8419-A, eff 8-23-05

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PART Sw 209 SANCTIONS
Sw 209.01 When Sanctions May Be Imposed. The commission shall impose sanctions after hearing and upon the finding that a person or entity licensed by the commission violated an agency rule or statute.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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Sw 209.02 Sanctions.
1. The commission shall require that corrective action be taken within a specified period of time as a condition of continued licensure or relicensure if the commission determines that such licensee remains out of compliance;
2. The commission shall require, in the case of an entity approved by the commission for the provision of services, that corrective action be taken within a specified period of time as a condition of continued approval if such service provider remains out of compliance;
3. The commission shall issue a written reprimand to the person or entity if no corrective action is necessary under (a) or (b) above;
4. The commission shall suspend the license or approval for up to one year depending on the severity of the violation, during which time the person or entity shall be considered to be unlicensed or unapproved if the violation was not a first violation; or
5. The commission shall revoke the license or approval if the licenses indicates an inability or unwillingness to comply as demonstrated by a pattern of violations.
Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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Sw 209.03 Record of Disciplinary Sanction. A copy of the disciplinary sanction imposed shall be placed in the record.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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PART Sw 210 PUBLIC COMMENT HEARINGS FOR RULEMAKING
Sw 210.01 Purpose. The purpose of this part is to provide a uniform procedure for the conduct of public hearings at which comment from the general public will be solicited for evaluation and consideration by a quorum of the commission relative to the adoption, amendment or repeal of a commission rule under RSA 541-A.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

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Sw 210.02 Scope. These rules shall apply to all hearings required by state law to be conducted by the commission at which public comment shall be solicited under RSA 541-A:11. They shall not apply to contested cases as defined by RSA 541-A:1, IV.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

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Sw 210.03 Notice.
1. A public comment hearing concerning rulemaking shall be commenced by placing notice of the hearing in the "Rulemaking Register" so that it shall appear at least 20 days prior to the hearing date.
2. Notice of rulemaking public comment hearings shall comply with RSA 541-A:6.
3. Nothing in these rules shall prohibit the commission from giving greater notice than the minimum set out in this section.
Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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Sw 210.04 Media Access.
1. Public comment hearings shall be open to the print and electronic media.
2. The moderator shall place limits on the activities of the media to avoid disruption in the following ways:
  1. Limit the placement of television cameras to certain locations in the hearing room; and
  2. Prohibit interviews from being conducted within the hearing room during the hearing.
Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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Sw 210.05 Moderator.
1. The hearing shall be presided over by the moderator who shall be the commission chair or designee.
2. The moderator shall:
  1. Call the hearing to order;
  2. Cause a recording of the hearing to be made;
  3. Place a limit on the media to avoid disruption as set out in Sw 210.04(b);
  4. Recognize those who wish to be heard and establish the order thereof;
  5. Limit the time for each speaker, as set out in Sw 210.06 (b) (2);
  6. Recognize or revoke recognition of a speaker for cause as set out in Sw 210.06(b);
  7. Remove or have removed any person who disrupts the hearing;
  8. Adjourn the hearing; and
  9. Provide opportunity for the submission of written comments consistent with the notice published in the rulemaking register.
Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

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Sw 210.06 Public Participation.
1. Any person who wishes to speak on the issue or issues which are the subject of the hearing shall list both name and address on a speakers' list. All those whose names appear on the speakers' list, as provided, may speak at the hearing.
2. The commission, through the moderator, shall:
  1. Refuse to recognize a person who refuses to give his or her full name and address;
  2. When a group or organization wishes to comment, limit the group to no more than 3 persons, provided that the members who are present may enter their names and addresses into the record as supporting the position by the group or organization;
  3. Revoke recognition of a speaker who speaks or acts in an abusive or disruptive manner; and
  4. Revoke recognition of a speaker who refuses to keep comments relevant to the issues which are the subject of the hearing.
3. Written comments may be submitted any time from the time the notice has been published until the record has been closed by the moderator, which shall be consistent with the notice published in the rulemaking register.
Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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PART Sw 211 RULES FOR PETITIONING THE COMMISSION
Sw 211.01 Rulemaking Petitions.
1. Any interested person may petition the commission for the adoption, amendment or repeal of any commission rule under RSA 541-A.
2. Within 30 days of the receipt of the completed petition required by Sw 211.03, the commission shall either:
  1. Initiate rulemaking procedures in compliance with the petition and in accordance with RSA 541-A; or
  2. Deny the petition in writing, stating the reasons for the denial. Such reasons shall detail why the commission deems the problem can be solved by a method which does not require a formal rulemaking proceeding.
3. The commission shall determine whether to initiate a requested procedure or deny a petition based on whether the requested change is consistent with the duties of the commission under RSA 284:21-h,and RSA 284:21-I and whether the issue can be addressed without rulemaking.
Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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Sw 211.02 Petition for Declaratory Ruling.
1. Any interested person may petition the commission using the form specified in Sw 211.03, requesting a declaratory ruling on the applicability of any statute concerning the commission or rule adopted by the commission.
2. Within 45 days of the receipt of the completed petition required by Sw 211.03, the commission shall either:
  1. Issue a declaratory ruling responsive to the petition; or
  2. If a legal opinion is required, the commission shall request the opinion of the attorney general's office and issue a responsive declaratory ruling within 20 working days of receipt of the attorney general's reply explaining the reply to the petitioner.
Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

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Sw 211.03 Petition Form.
1. The commission shall consider any petition which meets the following minimum requirements:
  1. Each petition shall be in legible written form and addressed to the commission as follows:
    Chair, Lottery Commission
    14 Integra Drive
    Concord, NH 03301
  2. Petitions for proposed rulemaking shall:
    1. State the nature of each proposed rule;
    2. State the petitioner's reasons for proposing the rule; and
    3. Include a text of the proposed rule.
  3. Petitions for the amendment or repeal of a rule shall identify specifically which rule or rules are to be amended or repealed and state the petitioner's reasons for proposing the rule change;
  4. Petitions for a declaratory ruling shall identify all material facts and specify the statute, rule or order on which a declaratory ruling is sought;
  5. Each petition shall include the name and the address of the petitioner, and, if applicable, the name and address of the organization the petitioner represents; and
  6. Each petition shall include the date of the petition and shall be signed by the petitioner.
2. If the petition is deficient and does not meet the minimum requirements of (a) above, the commission shall notify the petitioner within 10 working days of the receipt of the incomplete petition.
3. Notification pursuant to (b) above shall be in writing and:
  1. Identify the specific deficiencies; and
  2. Contain an explanation of how the petition can be corrected and allow the petitioner to amend the petition in accordance with the terms of the notification.
4. A complete petition which meets the requirements of these rules shall be placed on the next available commission agenda.

Source. #6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-A, eff 8-23-05

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PART Sw 212 EXPLANATION OF ADOPTED RULES

Sw 212.01 Petition for Explanation of Adopted Rules.

Any interested person may, within 30 days of the final adoption of a rule, request a written explanation of that rule.
Each petition shall be in legible written form and addressed to the executive director as follows:

Executive Director, Lottery Commission
14 Integra Drive
Concord, NH 03301
Petitions for explanations of adopted rules shall contain the name and address of the individual making the request or, if the request is that of an organization or other entity, the name and address of such organization or entity and the name and address of the representative authorized by the organization or entity to make the request.
The executive director shall, within 90 days of receiving a request , provide a written response which:
1. Concisely states the meaning of the rule adopted;
2. Concisely states the principal reasons for and against the adoption of the rule in its final form; and
3. States, if the commission did so, why the commission overruled any arguments and considerations presented against the rule.

Source. #8419-A, eff 8-23-05

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