I. The lottery commission shall have the power to conduct hearings at which all matters pertaining to the administration of the affairs of the commission and all activities conducted under its jurisdiction may be investigated and determined and, under the hand of its chairperson, to issue subpoenas for the attendance of witnesses at such hearings. The lottery commission on its own motion or at the request of any party may cause a complete record to be made of such hearings by a competent reporter or by electronic recording which shall be transcribed at the request and expense of any party desiring the same, and a copy of such transcription shall be furnished to any other party upon the written request and at the expense of such other party. If the record is not transcribed, the lottery commission shall prepare a summary record of the proceedings and evidence. Any member of the lottery commission, or the commission’s designee, may administer oaths and affirmations, examine witnesses, and receive testimony and shall forward findings to the full commission as part of the hearing. Disobedience of such subpoenas or false swearing before the lottery commission shall be attended with the same penalties as if such disobedience or false swearing occurred in an action in the superior court. The lottery commission shall have the power and authority to regulate, supervise and check the making of pari-mutuel pools and the distributions therefrom. It shall have the further power and authority to investigate as to the direct and indirect ownership and control of any licensee, and any expense incurred by the lottery commission in so doing shall be at the expense of such licensee or of the applicant for a license. Any party aggrieved by any final decision entered in proceedings before the lottery commission may, within 10 days after such decision is entered, appeal to the superior court by petition specifying the grounds upon which the decision is claimed to be unreasonable or unlawful. Findings and decisions by the lottery commission shall be deemed to be prima facie lawful and reasonable, and shall not be set aside on appeal unless found to be arbitrary, capricious, unreasonable, or unlawful.
II. The lottery commission may, in accordance with the rules adopted in accordance with RSA 541-A, appoint a hearings officer or hearings officers, as necessary, to preside over such hearings as are required to comply with federal and state statutes and federal or state rules or regulations. The decision of the officer shall not be contrary to rules adopted by the lottery commission pursuant to RSA 541-A. The officer’s decision shall be binding on all parties unless such decision is overturned on appeal.
Source. 1933, 62. 1935, 27:22. RL 171:25. 1949, 226:8. RSA 284:13. 1975, 263:1. 1996, 157:4. 2015, 276:122, eff. July 1, 2015.