HB505: relative to the membership of the liquor commission when conducting hearings.

HB 505 - AS INTRODUCED

2003 SESSION

03-0960

03/09

HOUSE BILL 505

AN ACT relative to the membership of the liquor commission when conducting hearings.

SPONSORS: Rep. Gilman, Graf 9; Rep. Heon, Straf 67; Rep. Kelley, Rock 85; Rep. Kennedy, Merr 34; Rep. Sorg, Graf 11; Sen. Prescott, Dist 23; Sen. Martel, Dist 18

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill adds 3 members to the liquor commission to be appointed for purposes of participating in hearings only.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0960

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the membership of the liquor commission when conducting hearings.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Alcoholic Beverages; Enforcement Proceedings and Penalties; Hearings. Amend RSA 179:56, I to read as follows:

I. The commission shall adopt and publish rules pursuant to RSA 541-A, to govern its proceedings and to regulate the mode and manner of all investigations and hearings before it. When conducting hearings, the membership of the commission shall consist of those members appointed pursuant to RSA 176:1 and 3 additional members appointed for purposes of participating in hearings only. The governor and council shall appoint the 3 additional members, and at least one of these members shall possess a retail license under the provisions of this title. Such members shall serve 3-year terms, with the initial terms staggered so that a new member is appointed every year. The 3 additional members shall receive no compensation. All hearings before the commission shall be in accordance with RSA 541-A:31-36. In any such investigation or hearing the commission shall not be bound by the technical rules of evidence. The commission, or any member, may subpoena witnesses and administer oaths in any proceeding or examination instituted before or conducted by it, and may compel, by subpoena, the production of any accounts, books, contracts, records, documents, memoranda and papers of any kind whatever. Witnesses summoned before the superior court, and such summons issued by any justice of the peace shall have the same effect as though issued for appearance before such court.

2 Effective Date. This act shall take effect 60 days after its passage.