N.H. Rev. Stat. § 399-D:19

Current through the 2024 Legislative Session

Section 399-D:19 - Order to Show Cause

I. The commissioner may issue an order:

(a) Requiring a person to whom any license has been granted or any person under the commissioner's jurisdiction to show cause why the license should not be revoked, suspended, or penalties imposed, or both, for violations of this chapter;

(b) Barring any person from licensure if it is in the public interest and the applicant, respondent, licensee, any partner, officer, member, director, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling the applicant, respondent, or licensee:

(1) Has violated any provision of this chapter or rules adopted under this chapter;

(2) Has not met the standards established in this chapter;

(3) Has filed an application for licensing which as of its effective date, or as of any date after filing in the case of an order denying effectiveness, was incomplete in any material respect or contained any statement which was, in light of the circumstances under which it was made, false or misleading with respect to any material fact;

(4) Has made a false or misleading statement to the commissioner or in any reports to the commissioner;

(5) Has made fraudulent misrepresentations, has circumvented or concealed, through whatever subterfuge or device, any of the material particulars or the nature thereof required to be stated or furnished to a consumer under the provisions of this chapter;

(6) Is the subject of an order entered within the past 5 years by this state, any other state, or federal regulator denying, suspending, or revoking licenses or registration;

(7) Is permanently, preliminarily, or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of money transmission, lending, or collection activities;

(8) Is not qualified on the basis of such factors as experience, knowledge, and financial integrity;

(9) Has engaged in dishonest or unethical practices in the conduct of the business of money transmission;

(10) Has violated applicable federal laws or rules thereunder;

(11) Has made an unsworn falsification under RSA 641:3 to the commissioner; or

(12) For other good cause shown.

II.

(a) The order shall give reasonable notice of the opportunity for a hearing and shall state the reasons for the issuance of the order.

(b) Upon the entry of the order, the commissioner shall promptly notify the respondent, applicant, or licensee that the order has been entered and of the reasons for the order and that within 10 calendar days after receipt of a written request the matter will be scheduled for hearing.

(c) Valid delivery of such order shall be by hand or certified mail at the last known principal office of the licensee or respondent or to a principal, control person, or legal representative of the licensee or respondent.

(d) A hearing, if requested, shall be scheduled not later than 10 calendar days after the written request for such hearing is received by the commissioner.

(e) Within 20 calendar days from the date of the hearing the commissioner shall enter an order making such disposition of the matter as the facts require.

(f) If the person to whom an order to show cause or other order is issued fails to request a hearing within 30 calendar days of receipt or valid delivery of the order and no hearing is ordered by the commissioner, then such person shall be deemed in default, and the order shall, on the 31st day, become permanent, and shall remain in full force and effect until and unless later modified or vacated by the commissioner, for good cause shown.

(g) If the person to whom an order to show cause is issued fails to appear at a hearing after being duly notified, such person shall be deemed in default, and the proceeding may be determined against him or her upon consideration of the order to show cause, the allegations of which may be deemed to be true.

III. The department may take action for immediate suspension of a license, pursuant to RSA 541-A:30, III.

IV. If a licensee is a partnership, association, corporation, or entity however organized, it shall be sufficient cause for the suspension or revocation of a license that any officer, director, or trustee of a licensed association or corporation or any member of a licensed partnership has so acted or failed to act in behalf of said licensee as would be cause for suspending or revoking a license to such party as an individual.

RSA 399-D:19

Amended by 2016, 151:1, eff. 1/1/2017.

2016, 151:1, eff. Jan. 1, 2017.