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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:30 - Hearing Procedures.
Universal Citation: NH Rev Stat § 331-A:30 (2017)
331-A:30 Hearing Procedures. –
In addition to the requirements of RSA 541-A and other specific statutes, the following shall apply to hearings conducted pursuant to the provisions of this chapter:
I. The commission shall give the licensee, accredited individual, institution or organization, or person charged with practicing unlawful brokerage activity at least 14 days' written notice prior to the date of hearing, of the charges to be heard by it, and shall afford such licensee, accredited individual, institution or organization, or person charged with practicing unlawful brokerage activity an opportunity to be heard in person or by counsel. The hearings shall be held at a time and place established by the commission.
II. The commission shall have the power to subpoena and bring before it any person or any relevant records or documents in this state or to take testimony by deposition, in the same manner as is prescribed by law in judicial proceedings. The commission shall keep a complete record of the proceedings in such cases. For this purpose, the commission is authorized to utilize electronic recording or to employ a temporary reporter and fix the reporter's compensation, and the governor is authorized to draw the warrant for said sums out of any money in the treasury not otherwise appropriated. The commission is authorized to charge the licensee, accredited individual, institution or organization, or person charged with practicing unlawful brokerage activity a reasonable fee for any copies of transcript furnished to such person. Sheriffs and witnesses shall receive the same fees for the service of process and attendance before the commission as are paid to sheriffs and witnesses in matters pending before the superior court.
III. The decisions of the commission shall be reached in a timely manner and shall be in writing and officially signed by the hearing panel as set forth under RSA 331-A:29, V. The original of such decisions, when signed, shall be filed in the office of the commission. Copies of the decision shall be mailed to the licensee, accredited individual, institution or organization, or person charged with practicing unlawful brokerage activity addressed to the place of business, to the complainant, if any, and to each party in a transaction in which the commission determined the individual was practicing unlawful brokerage activity, within 2 days after the filing.
I. The commission shall give the licensee, accredited individual, institution or organization, or person charged with practicing unlawful brokerage activity at least 14 days' written notice prior to the date of hearing, of the charges to be heard by it, and shall afford such licensee, accredited individual, institution or organization, or person charged with practicing unlawful brokerage activity an opportunity to be heard in person or by counsel. The hearings shall be held at a time and place established by the commission.
II. The commission shall have the power to subpoena and bring before it any person or any relevant records or documents in this state or to take testimony by deposition, in the same manner as is prescribed by law in judicial proceedings. The commission shall keep a complete record of the proceedings in such cases. For this purpose, the commission is authorized to utilize electronic recording or to employ a temporary reporter and fix the reporter's compensation, and the governor is authorized to draw the warrant for said sums out of any money in the treasury not otherwise appropriated. The commission is authorized to charge the licensee, accredited individual, institution or organization, or person charged with practicing unlawful brokerage activity a reasonable fee for any copies of transcript furnished to such person. Sheriffs and witnesses shall receive the same fees for the service of process and attendance before the commission as are paid to sheriffs and witnesses in matters pending before the superior court.
III. The decisions of the commission shall be reached in a timely manner and shall be in writing and officially signed by the hearing panel as set forth under RSA 331-A:29, V. The original of such decisions, when signed, shall be filed in the office of the commission. Copies of the decision shall be mailed to the licensee, accredited individual, institution or organization, or person charged with practicing unlawful brokerage activity addressed to the place of business, to the complainant, if any, and to each party in a transaction in which the commission determined the individual was practicing unlawful brokerage activity, within 2 days after the filing.
Source. 1993, 348:1. 2014, 261:8, eff. Sept. 26, 2014.
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