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2017 New Hampshire Revised Statutes
Title XXX - OCCUPATIONS AND PROFESSIONS
Chapter 331-A - NEW HAMPSHIRE REAL ESTATE PRACTICE ACT
Section 331-A:28 - Disciplinary Actions; Appeals; Cease and Desist Orders.
Universal Citation: NH Rev Stat § 331-A:28 (2017)
331-A:28 Disciplinary Actions; Appeals; Cease and Desist Orders. –
I. The commission may investigate the actions of any person engaged in the business or acting in the capacity of a real estate broker or real estate salesperson, regardless of whether the transaction was for the person's own account or in the capacity as broker or salesperson. If found guilty, after a hearing, of violating this chapter, the commission may impose any one or more of the following sanctions:
(a) Suspend, revoke or deny a license or the renewal of such license.
(b) Levy a fine not to exceed $2,000 for each offense.
(c) Require the person to complete a course or courses in selected areas of real estate practice relevant to the section of this chapter violated.
I-a. The commission may investigate the actions or qualifications of any person engaged in offering to present or presenting an accredited preparatory or continuing education program of study to licensees or potential licensees, when the commission receives a complaint or other information that indicates that the program of study is not meeting the requirements of the accreditation granted to an individual, institution, or organization, or is otherwise violating this chapter, or a lawful rule or order of the commission. If, after a hearing, the commission finds a violation of this chapter, the commission may impose one or more of the following sanctions:
(a) Suspend, revoke, or deny an accreditation or the renewal of an accreditation.
(b) Levy a fine not to exceed $2,000 for each offense.
(c) Require the person to complete a course or courses in selected areas of real estate practice or education relevant to the violation.
II. The commission may, in accordance with RSA 541-A, issue a cease and desist order to a person, after notice and hearing and upon a determination that the person has violated a provision of this chapter or a lawful order or rule of the commission.
III. The action of the commission in revoking, suspending, or denying a license or accreditation, or levying a fine, shall be subject to appeal to the superior court at the instance of the licensee or an accredited individual, institution, or organization, within 30 days after the filing of the commission's decision. An appeal shall suspend the commission's decision, except in the case of revocation of license or accreditation. The record of the hearing of the action of the commission shall be presented to the superior court for review and the superior court shall give the review under this chapter priority on the court calendar. The superior court may confirm, reverse, or modify the commission's decision, or order a trial de novo without a jury as justice may require.
I. The commission may investigate the actions of any person engaged in the business or acting in the capacity of a real estate broker or real estate salesperson, regardless of whether the transaction was for the person's own account or in the capacity as broker or salesperson. If found guilty, after a hearing, of violating this chapter, the commission may impose any one or more of the following sanctions:
(a) Suspend, revoke or deny a license or the renewal of such license.
(b) Levy a fine not to exceed $2,000 for each offense.
(c) Require the person to complete a course or courses in selected areas of real estate practice relevant to the section of this chapter violated.
I-a. The commission may investigate the actions or qualifications of any person engaged in offering to present or presenting an accredited preparatory or continuing education program of study to licensees or potential licensees, when the commission receives a complaint or other information that indicates that the program of study is not meeting the requirements of the accreditation granted to an individual, institution, or organization, or is otherwise violating this chapter, or a lawful rule or order of the commission. If, after a hearing, the commission finds a violation of this chapter, the commission may impose one or more of the following sanctions:
(a) Suspend, revoke, or deny an accreditation or the renewal of an accreditation.
(b) Levy a fine not to exceed $2,000 for each offense.
(c) Require the person to complete a course or courses in selected areas of real estate practice or education relevant to the violation.
II. The commission may, in accordance with RSA 541-A, issue a cease and desist order to a person, after notice and hearing and upon a determination that the person has violated a provision of this chapter or a lawful order or rule of the commission.
III. The action of the commission in revoking, suspending, or denying a license or accreditation, or levying a fine, shall be subject to appeal to the superior court at the instance of the licensee or an accredited individual, institution, or organization, within 30 days after the filing of the commission's decision. An appeal shall suspend the commission's decision, except in the case of revocation of license or accreditation. The record of the hearing of the action of the commission shall be presented to the superior court for review and the superior court shall give the review under this chapter priority on the court calendar. The superior court may confirm, reverse, or modify the commission's decision, or order a trial de novo without a jury as justice may require.
Source. 1993, 348:1. 2000, 311:21. 2010, 304:8, 9. 2014, 261:5, eff. Sept. 26, 2014.
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