New Hampshire § 287-D-12 - Section 287-D:12 Background and Criminal Records Check.

§ 287-D-12. Section 287-D:12 Background and Criminal Records Check.

I. All applicants for a license pursuant to this chapter shall submit to the lottery commission a New Hampshire department of safety, division of state police, criminal record release authorization form. II. Upon receipt of an applicant's criminal record information, the lottery commission shall make a determination of eligibility for licensure and whether the applicant is fit to be associated with games of chance in New Hampshire. III. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency, an authorized employee of the department of safety, or an authorized employee of the New Hampshire lottery commission, approved by the commissioner of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the lottery commission may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years. IV. The lottery commission shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the lottery commission. The lottery commission shall maintain the confidentiality of all criminal history records information received pursuant to this section. V. The lottery commission shall bill the applicant for any fee associated with the criminal or background record check to cover any fee charged by the department of safety for the criminal records check in paragraph I or by the Federal Bureau of Investigation for the background check in paragraph IV. VI. For purposes of licensees, under RSA 287-D:7 or RSA 287-D:8 each owner, partner, or trustee of the underlying property, or in the case of a corporation, each officer, director, or shareholder, or in the case of a limited liability company, each manager or member, shall comply with all of the requirements of this section. VII. Members of a charitable organization that do not participate directly in the operation of games of chance shall be exempt from the requirements of this section.