RSA 361-A:6 · License Denial or Abandonment; Appeal

361-A:6 License Denial or Abandonment; Appeal. –

Copy link

I.

If the commissioner determines that the applicant fails to meet the requirements of this chapter, the commissioner shall immediately, in writing, notify the applicant of that determination.

Copy link

II.

The commissioner may deny a license application if the applicant or the applicant's principal:

Copy link

(a)

Has filed an application for licensing which was incomplete in any material respect;

Copy link

(b)

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

Copy link

(c)

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;

Copy link

(d)

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

Copy link

(e)

Does not possess the financial resources and responsibility, experience, character and general fitness, personnel, or record of past or proposed conduct to warrant the public's confidence;

Copy link

(f)

Has not demonstrated that the business will be operated lawfully, honestly, and fairly within the provisions of this chapter; or

Copy link

(g)

Should not be licensed for other good cause shown.

Copy link

III.

Applicants may appeal a license denial by requesting the commencement of an adjudicative proceeding under RSA 541-A and any rules of the commissioner adopted thereunder.

Copy link

IV.

Applicants may apply to the commissioner for a rehearing under RSA 541 if the decision in an appeal conducted pursuant to paragraph III affirms a denial of a license application.

Copy link

V.

Any appeal from a decision on rehearing shall be by appeal to the supreme court pursuant to RSA 541.

Copy link

VI.

The commissioner may deem abandoned and withdrawn any application for licensure under this chapter if the applicant fails to respond in writing within 90 calendar days to any communication from the department, including but not limited to any communication made through the Nationwide Multistate Licensing System and Registry, requesting a response. Source. 2024, 330:1, eff. July 1, 2024.

Copy link