RSA 361-A:24 · Order to Show Cause

361-A:24 Order to Show Cause. –

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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, suspended, or penalties imposed, or both, for violations of this chapter.

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II.

The commissioner may, by order, deny, suspend, or revoke any license or application and bar any person from licensure if the commissioner finds that the order is in the public interest and the applicant, respondent, or licensee, 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, respondent, or licensee:

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(a)

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;

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(b)

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

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(c)

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

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(d)

Has failed to supervise its agents, managers, or employees;

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(e)

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;

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(f)

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 lending or collection activities;

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(g)

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

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(h)

Has engaged in dishonest or unethical practices in the conduct of making retail installment transactions or collecting on retail installment contracts;

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(i)

Has violated any provision in this chapter or any rule or order thereunder, any provision in RSA chapter 361-E or any rule or order thereunder, or has violated any federal laws or regulations applicable to retail installment transactions, including the Federal Truth in Lending Act;

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(j)

Has made an unsworn falsification in violation of RSA 641:3 to the commissioner; or

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(k)

For other good cause shown.

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III.

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

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(b)

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.

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(c)

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.

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(d)

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.

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(e)

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.

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(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.

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IV.

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

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V.

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.

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VI.

If the commissioner finds that any licensee or applicant for license is no longer in existence or has ceased to do business as a retail seller or sales finance company, or cannot be located after reasonable search, the commissioner may by order revoke the license, impose penalties, or deny the application. Source. 2024, 330:1, eff. July 1, 2024.

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