CHAPTER Sw 900 Rules for Sweepstakes Lottery Intercept

NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

Statutory Authority: RSA 284:21-v

PART Sw 901 NEW HAMPSHIRE SWEEPSTAKES LOTTERY INTERCEPT

Section Sw 901.01 Definitions

Section Sw 902.01 Procedure
Section Sw 902.02 Non-Cash Prizes
Section Sw 902.03 Disclosure

PART Sw 901 NEW HAMPSHIRE SWEEPSTAKES LOTTERY INTERCEPT

Sw 901.01 Definitions.

1. "Commission" means the New Hampshire sweepstakes commission.
2. "Director" means the administrative head appointed by the commission under the authority of RSA 284:21-i, I, to act on their behalf in the daily decision-making process.
   Source. #1548, eff 3-17-80, EXPIRED: 1-1-83

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New. #6401, eff 12-14-96; ss and moved by #7413, eff 12-8-00 (from Sw 9000)
PART Sw 902 LOTTERY INTERCEPT PROCEDURES

Sw 902.01 Procedure.

1. Pursuant to RSA 284:21-v, the claimant of any lottery prize, subject to Federal Tax Form W-2G reporting requirements, shall be identified as to whether a child support arrearage is owed.
2. The commission shall verify through the department of health and human services, division of child support services (DCSS), the amount, if any, of the child support arrearage owed.
3. The commission shall notify the claimant via Form 742, "Notice of Intercept of Lottery Winnings for Child Support" that all or a portion of their lottery prize shall be paid to DCSS in satisfaction of past due child support. Non-cash prizes shall be paid in accordance with the provisions set forth in Sw 902.02.
4. The director or his/her designee along with one other employee of the commission shall together, personally inform the claimant of the intercept.
5. If the claimant disputes the intercept of the lottery prize, he/she shall be referred to the DCSS for information regarding an appeal.
   Source. #1548, eff 3-17-80, EXPIRED: 1-1-83

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New. #6401, eff 12-14-96; ss and moved by #7413, eff 12-8-00 (from Sw 9000)

Sw 902.02 Non-Cash Prizes.

1. In the event that the claimant of a non-cash prize is identified as having a child support arrearage and the claimant does not contest owing such arrearage, the commission shall, at the request of the claimant:
   1. Retain the prize for up to 5 business days, commencing with the date of the claim, to afford the claimant the opportunity to satisfy any arrearage, or
   2. Convert the prize to cash and remit to DCSS, the arrearage amount owed up to the cash value paid by the commission, and remit the remaining cash balance to the claimant, if any.
2. The DCSS shall send official notification to the commission, via fax or other expedient method on Form 743, "Confirmation of Child Support Arrearages" from the DCSS stating that the arrearage has been satisfied prior to releasing the non-cash prize.
3. The director shall waive the deadline of 5 business days for good cause shown by the claimant. In no event shall the commission retain the non-cash prize for more than 30 days. Good cause shall be considered when the claimant can demonstrate, through documentation, that due to circumstances beyond his or her control, he or she will be able to satisfy the arrearage at a specified date within the 30 day time frame.
4. In the event that the claimant disputes owing a child support arrearage, the commission shall immediately convert the prize to cash and remit to DCSS the arrearage amount owned up to the cash value of the prize and remit the remaining balance to the claimant, if any. The commission shall refer the claimant to the DCSS for information regarding an appeal.
   Source. #7413, eff 12-8-00

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Sw 902.03 Disclosure.

1. No person or organization, other than DCSS, shall be granted access to any personally identifiable information regarding any claimant obtained by the lottery intercept program, except as permitted by law or rule.
2. The commission shall restrict access to the DCSS database to only authorized claims personnel and shall advise all personnel having access as to the confidential nature of this data pursuant to RSA 161-B:7, III.
   Source. #7413, eff 12-8-00

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Appendix

Provision of the Proposed Rule Specific State Statute which the Rule is Intended to Implement Sw 900 RSA 541-A:16, I(b)

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