RSA 420-D:21 · Complaints, Investigations, Violations, Enforcement

420-D:21 Complaints, Investigations, Violations, Enforcement. –

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I.

Any person may, at any time, file a complaint with the department concerning any matter governed by RSA 420-D. The complaint may be written or oral. The department may also institute an investigation on its own initiative for just cause.

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II.

If the department determines or has cause to believe that a person has engaged in any act or practice which constitutes a violation of RSA 420-D, the department may take any or all of the following actions, or any other action consistent with this statute, as appropriate:

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(a)

Issue a temporary cease and desist order in writing and including a finding of fact, upon the determination by the department that the public interest will be irreparably harmed by delay in issuing an order. The temporary order shall include a provision that, upon written request made within 5 business days following issuance of the order, a hearing will be held within 10 days of the request to determine whether or not the temporary cease and desist order shall become permanent. Unless exigent circumstances exist, the department shall schedule a hearing before a cease and desist order is issued. A copy of any temporary or permanent cease and desist order shall be sent to the person by certified mail and e-mail;

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(b)

Issue any order requiring such action that in the judgment of the department will carry out the purposes of RSA 420-D;

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(c)

Bring an action in the superior court to enjoin the act or practice and to enforce compliance with RSA 420-D if it appears that a person has engaged or is about to engage in an act or practice constituting a violation of a provision of this chapter or a rule or order of the department. Upon a proper showing, the court may grant a permanent or temporary injunction, restraining order, or writ of mandamus, and may appoint a receiver or conservator for the defendant or the defendant's assets. The commissioner shall not be required to post a bond; and

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(d)

Levy and collect civil penalties for a violation of any provision or provisions of RSA 420-D or other law, or any rule adopted pursuant thereto or order issued thereunder, and compromise and settle any claim for a penalty in such amount in the discretion of the commissioner as is appropriate and equitable under the circumstances of the violation. Each day during which a violation continues after the effective date of a notice to terminate issued by the commissioner shall constitute an additional, separate, and distinct violation. If an administrative order levying a civil penalty is not satisfied within 30 days of its issuance, the commissioner may sue for and recover the penalty with costs in a summary proceeding as provided by applicable law.

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III.

For the purposes of actions that the department may take under paragraph II, the following shall have the same effect as a violation:

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(a)

Directly, or through an agent or employee, knowingly engaging in false, deceptive, or misleading advertising or promotional or sales methods to offer or dispose of a unit;

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(b)

Making any material change in the plan of disposition of the continuing care retirement community subsequent to the issuance of a certificate of authority and without obtaining prior approval from the department;

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(c)

Disposing of any unit or interest in a continuing care retirement community if the provisions of this chapter have not been satisfied; or

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(d)

Violating any lawful order or rule of the department. Source. 2025, 296:2, eff. Jan. 1, 2026.

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