CHAPTER
Lot 900 RULES OF LOTTERY INTERCEPT
Statutory
Authority: RSA 284:21-v
REVISION
NOTE:
Pursuant
to 2004, 97:1-9, effective 7-10-04, the Sweepstakes Commission was renamed the
Lottery Commission. The rules filed in
Chapter Sw 900 by the Sweepstakes Commission before
7-10-04 and by the Lottery Commission after 7-10-04 reflected the title “Sw” of the former Sweepstakes Commission. They were editorially renumbered as Chapter
Lot 900 in November, 2020 to indicate rules of the
Lottery Commission.
PART
Lot 901 NEW HAMPSHIRE LOTTERY INTERCEPT
Lot 901.01 Purpose. The purpose of this chapter is to set forth
the procedures for withholding a portion or the entire lottery prize payments
for distribution toward past due child support.
Source. #1548, eff 3-17-80,
EXPIRED: 1-1-83
New. #6401, eff 12-14-96;
ss and moved by #7413, eff
12-8-00 (from Sw 9000), EXPIRED: 12-8-08
New. #9344, eff 12-10-08;
ss by #12090, eff 1-27-17 (See Revision Note at chapter
heading for Lot 900)
Lot 901.02 Scope.
This rule applies to any lottery claimant of a prize that meets or
exceeds the reportable winning amounts set by the Internal Revenue Code, and
who is past due on court ordered child support payments.
Source. #12090, eff 1-27-17 (See Revision Note
at chapter heading for Lot 900)
Lot 901.03 Definitions.
(a)
"Commission" means the New Hampshire lottery commission
established pursuant to RSA 284:21-a, or its designated staff having authority
to perform administrative and clerical functions for the commission.
Source. #12090, eff 1-27-17
(from Sw 901.01) (See Revision Note at chapter heading for
Lot 900)
PART
Lot 902 LOTTERY INTERCEPT PROCEDURES
Lot 902.01 Verification of Child Support Arrearage.
(a)
Pursuant to RSA 284:21-v, the commission shall identify whether the
claimant of any lottery prize subject to the reporting requirements of Federal
Tax Form W-2G, “Certain Gambling Winnings”, reporting requirements, is in
arrearages on any child support owed.
(b)
The commission shall verify through the New Hampshire department of
health and human services, division of child support services (DCSS), the
amount, if any, of the child support arrearage owed.
(c)
The commission shall notify the claimant via Form w742, "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 Lot 902.02.
Source. #1548, eff 3-17-80,
EXPIRED: 1-1-83
New. #6401, eff 12-14-96;
ss and moved by #7413, eff
12-8-00 (from Sw 9000), EXPIRED: 12-8-08
New. #9344, eff 12-10-08;
ss by #12090, eff 1-27-17 (See Revision Note at chapter heading for Lot 900)
Lot 902.02 Non-Cash Prizes.
(a)
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) When the non-cash prize has a cash prize
payout option, 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.
(b)
The executive director, appointed by the commission under the authority
of RSA 284:21-i, I, shall waive the deadline specified in (a)(1) above when the
claimant is able to demonstrate good cause
in accordance with (c) below. In
no event shall the commission retain the non-cash prize for more than 30 days.
(c)
Good cause shall be considered to exist when the claimant can provide
documentation that demonstrates that:
(1) They are unable to satisfy the arrearage
within the deadline set by (a)(1) above due to circumstances beyond his or her
control; and
(2) He or she will be able to satisfy the
arrearage at a specified date within the 30 day time frame
set by (b) above.
(d)
The
following shall apply when a claimant of a non-cash prize is unable to satisfy
his or her child support obligations within the deadlines described in (a)(1)
and (b) above:
(1) If the prize has a cash prize payout option, 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; or
(2) If the prize cannot
be converted to cash, the claimant shall forfeit the prize, and the commission
shall select an alternate winner.
Source. #7413, eff 12-8-00,
EXPIRED: 12-8-08
New. #9344, eff 12-10-08;
ss by #12090, eff 1-27-17 (See Revision Note at chapter heading for Lot 900)
Lot 902.03 Appeals.
(a)
In accordance with He-W 404.02, a claimant may request a formal appeal
only on the basis of a mistake in fact.
(b)
A claimant who wishes to request an appeal based on a mistake of fact
shall submit such a request to the DCSS in accordance with He-W 404.02.
(c)
In accordance with He-W 404.04, when a DCSS supervisory review, administrative
hearing or judicial review determines that any portion of a cash prize or
non-cash prize that was converted to cash has been erroneously withheld, DCSS
shall refund the portion of intercepted lottery winnings that was withheld in
error.
(d) When a DCSS supervisory review,
administrative hearing or judicial review determines that a non-cash prize
without a cash payment option has been erroneously forfeited, the commission
shall award the claimant cash equal to the value of the forfeited prize.
Source. #7413, eff 12-8-00,
EXPIRED: 12-8-08
New. #9344, eff 12-10-08;
ss by #12090, eff 1-27-17 (See Revision Note at chapter heading for Lot 900)
Lot 902.04 Disclosure.
(a)
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.
(b)
The commission shall restrict access to the DCSS database to authorized
claims personnel only and shall advise all personnel having access as to the
confidential nature of this data pursuant to RSA 161-B:7, III.
Source. #12090, eff 1-27-17
(from Sw 902.03) (See Revision Note at chapter heading for
Lot 900)
APPENDIX
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Rule |
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Lot
900 |
RSA
284:21-v |