RSA 399-A:21 · Order to Show Cause

399-A:21 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.

(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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III.

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

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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. Source. 2015, 73:1, eff. Jan. 1, 2016.

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