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2020 New Hampshire Revised Statutes
Title XXX - Occupations and Professions
Title 331-A - New Hampshire Real Estate Practice Act
Section 331-A:35 - Prosecution.
Universal Citation: NH Rev Stat § 331-A:35 (2020)
331-A:35 Prosecution. –
I. The commission may file or cause to be filed a complaint for violation of any provision of the preceding section, before any court of competent jurisdiction.
II. The prosecuting attorney of each county shall prosecute any violation of the preceding section which occurs in the prosecutor's county, and if the prosecuting attorney fails to act, the commission may request the attorney general to take action in lieu of the prosecuting attorney.
III. Process issued by the commission shall extend to all parts of the state, and may be served by any person authorized to serve process of courts of record, or may be mailed by certified mail with return receipt requested to the person's last known address, or in the case of a licensee, to the licensee's last business address of record in the office of the commission.
IV. Whenever the commission believes from evidence satisfactory to it that any person has violated any of the provisions of this chapter, or any order, license, decision, demand or requirement, or any part or provisions thereof, it may bring an action in the superior court in the county wherein such person resides, to enjoin any such person from continuing the violation or engaging in any act or acts in furtherance of such violation. In this action, an order or judgment may be entered awarding a preliminary or final injunction as deemed appropriate.
V. The commission may petition the superior court in any county in this state for the immediate appointment of a receiver to take over, operate, or close any real estate office in this state which is found, upon inspection of its books and records, to be operating in violation of the provisions of this chapter, pending a hearing under this chapter.
I. The commission may file or cause to be filed a complaint for violation of any provision of the preceding section, before any court of competent jurisdiction.
II. The prosecuting attorney of each county shall prosecute any violation of the preceding section which occurs in the prosecutor's county, and if the prosecuting attorney fails to act, the commission may request the attorney general to take action in lieu of the prosecuting attorney.
III. Process issued by the commission shall extend to all parts of the state, and may be served by any person authorized to serve process of courts of record, or may be mailed by certified mail with return receipt requested to the person's last known address, or in the case of a licensee, to the licensee's last business address of record in the office of the commission.
IV. Whenever the commission believes from evidence satisfactory to it that any person has violated any of the provisions of this chapter, or any order, license, decision, demand or requirement, or any part or provisions thereof, it may bring an action in the superior court in the county wherein such person resides, to enjoin any such person from continuing the violation or engaging in any act or acts in furtherance of such violation. In this action, an order or judgment may be entered awarding a preliminary or final injunction as deemed appropriate.
V. The commission may petition the superior court in any county in this state for the immediate appointment of a receiver to take over, operate, or close any real estate office in this state which is found, upon inspection of its books and records, to be operating in violation of the provisions of this chapter, pending a hearing under this chapter.
Source. 1993, 348:1, eff. Jan. 1, 1994.
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