2015 New Hampshire Revised Statutes
Title XXXVI - PAWNBROKERS AND MONEYLENDERS
Chapter 399-G - LICENSING OF MONEY TRANSMITTERS
Section 399-G:20 - Administration by Commissioner; Rulemaking.

[RSA 399-G:20 effective until January 1, 2016; see also RSA 399-G:20 set out below.]     399-G:20 Administration by Commissioner; Rulemaking. –
    I. The commissioner shall administer and enforce the provisions of this chapter.
    II. Pursuant to RSA 541-A, the commissioner may adopt such rules as he or she deems necessary to the administration and enforcement of this chapter. Such rules shall be consistent with the provisions of this chapter, and may include, but shall not be limited to, the following:
       (a) The application form for licensees required under RSA 399-G:5.
       (b) The form of license issued to licensees under RSA 399-G:6.
       (c) Annual reports required by RSA 399-G:14.
       (d) Personal disclosure statements to meet the requirements of RSA 399-G:5.
       (e) Fees to be charged to cover the reasonable costs of copying documents and producing reports.
    III. The commissioner may prepare, alter, or withdraw such forms as are necessary to comply with the provisions of this title.
    IV. The commissioner may issue, amend, or rescind such orders as are reasonably necessary to carry out the provisions of this chapter.
    V. The commissioner may, for good cause shown, abate all or a portion of delinquency penalties assessed under this chapter.
    VI. All actions taken by the commissioner pursuant to this chapter shall be taken only when the commissioner finds such action necessary or appropriate to the public interest or for the protection of consumers and consistent with the provisions of this chapter.
    VII. In adopting rules, preparing forms, setting standards, and in performing examinations, investigations, and other regulatory functions authorized by the provisions of this chapter, the commissioner may cooperate, and share information pursuant to confidentiality agreements, with regulators in this state and with regulators in other states and with federal regulators, in order to implement the policy of this chapter in an efficient and effective manner and to achieve maximum uniformity in the form and content of applications, reports, and requirements for money transmitters, where practicable.
    399-G:20 License Revocation; Suspension; Penalties. --
    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 suspended, or penalties imposed, or both, for violations of this chapter.
    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.
       (b) 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.
       (c) Upon the entry of the order, the commissioner shall promptly notify the respondent, applicant, or licensee that the order 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.
       (d) Valid delivery of such order shall be by hand or certified mail at the last known principal office of the licensee, or respondent, to an officer, director, 5 percent or more owner, member, partner, or legal representative of the licensee or respondent.
       (e) 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 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.
       (f) 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.
       (g) 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.
    III. The commissioner may by order, upon due notice and opportunity for hearing, assess penalties and deny, suspend, or revoke a license, registration, or application, and bar any person from licensure if it is in the public interest and the applicant, respondent, authorized delegate, 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, authorized delegate, or licensee:
       (a) Has violated any provision of this chapter or rules adopted under this chapter;
       (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 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;
       (d) Has made a false or misleading statement to the commissioner or in any reports to the commissioner;
       (e) Has made fraudulent misrepresentations, 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 consumer under the provisions of this chapter;
       (f) 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;
       (g) 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 money transmission, lending, or collection activities;
       (h) Is not qualified on the basis of such factors as experience, knowledge, and financial integrity;
       (i) Has engaged in dishonest or unethical practices in the conduct of the business of money transmission;
       (j) Has violated applicable federal laws or rules thereunder;
       (k) Has made an unsworn falsification under RSA 641:3 to the commissioner; or
       (l) For other good cause shown.
    IV. 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.
    V. Any license revocation, license suspension, or unfavorable action by the banking department on a license shall further comply with the provisions of RSA 541-A:30.
    VI. The banking department may take action for immediate suspension of a license, pursuant to RSA 541-A:30, III.
    VII. 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.
    VIII. If the commissioner finds that any licensee or applicant for license is no longer in existence or has ceased to do business as a money transmitter, or cannot be located after reasonable search, the commissioner may by order revoke the license, and impose penalties, or deny the application.

Source. 2015, 258:1, eff. Jan. 1, 2016.