Section 399-D:13 License Denial, Revocation, or Suspension.
I. The commissioner may issue an order 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 or penalties should not be imposed, or both, for violations of this chapter. The order shall give reasonable notice of the opportunity for a hearing and shall state the reasons for the issuance of the order. The commissioner may by order summarily postpone or suspend any license or application pending final determination of any order to show cause, or other order, or of any other proceeding under this section, provided the commissioner finds that the public interest would be irreparably harmed by delay in issuing such order. Upon the entry of the order, the commissioner shall promptly notify the respondent, applicant, or licensee that it 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. 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 an officer, director, 5 percent or more owner, member, partner, or legal representative of the licensee or respondent. If the person to whom an order to show cause or other order 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 thirty-first 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. 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, after which and 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. If the licensee or respondent fails to request a hearing within 30 calendar days of receipt or valid delivery of such order or fails to appear at a hearing after being duly notified, or cannot be located after a reasonable search, such person shall be deemed in default and the proceeding may be decided against the person upon consideration of the order to show cause or other order, the allegations of which may be deemed to be true. The commissioner may by order, upon due notice and opportunity for a hearing, assess penalties, deny, suspend, and revoke a license or application, and bar any person from licensure if it is in the public interest, or any combination of the foregoing and the applicant, licensee or respondent, any partner, officer, member, or director, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling the applicant, licensee or respondent:
(a) Has violated any provision of this chapter or rules thereunder;
(b) Has not met the standards established in this chapter;
(c) Has filed an application for licensing which as of its effective date, or as of any date after the filing in the case of an order denying of the filing, 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;
(d) Has made a false or misleading statement to the commissioner or in any reports to the commissioner;
(e) Has made fraudulent misrepresentations, or 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 person under the provisions of this chapter;
(f) Has failed to supervise its agents, managers, or employees;
(g) 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;
(h) 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 debt adjustment or collection activities;
(i) Is not qualified on the basis of such factors as experience, knowledge, and financial integrity;
(j) Has engaged in dishonest or unethical practices in the conduct of the business of debt adjustment;
(k) Has violated applicable federal laws or regulations thereunder;
(l) Has been convicted of a crime involving moral turpitude;
(m) Has maintained a continuous course of unfair conduct;
(n) Is insolvent, or has filed in bankruptcy or receivership, or made assignments for the benefit of creditors;
(o) Has violated this chapter or any rule or order thereunder;
(p) Has made an unsworn falsification under RSA 641:3 to the commissioner; or
(q) For other good cause shown.
II. The banking department may, upon due notice and opportunity for a hearing, suspend any license for a period not exceeding 30 days, pending investigation by the banking department.
III. Any license revocation, license suspension, or unfavorable action by the banking department on a license shall comply with the provisions of RSA 541-A:30.
IV. An aggrieved licensee may, pursuant to RSA 541-A:30 and RSA 541, appeal unfavorable action by the banking department.
V. The banking department may take action for immediate suspension of a license, pursuant to RSA 541-A:30, III.
VI. 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 on behalf of said licensee as would be cause for suspending or revoking a license to such party as an individual. Each licensee shall be responsible for supervision of its branch offices and for the acts of any or all of its employees while acting as its agent if such licensee, after actual knowledge of said acts, retained the benefits, proceeds, profits, or advantages accruing from said acts or otherwise ratified said acts.
VII. If the commissioner finds that any licensee or applicant for license is no longer in existence or has ceased to do business as a debt adjuster, or cannot be located after reasonable search, the commissioner may by order revoke the license, impose penalties, or deny the application. The commissioner may deem abandoned and withdraw any application for licensure made pursuant to this chapter, if the applicant fails to respond in writing within 180 calendar days to a written request from the commissioner requesting a response. Such request shall be sent via certified mail to the last known address of the applicant that is on file with the commissioner.
Source. 2004, 230:1. 2005, 255:51, 71, 72, eff. Sept. 12, 2005. 2009, 204:3, eff. Sept. 13, 2009.