reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-T - Carriage of Household Goods for Hire by Motor Vehicle › Section 359-T:3 - Issuance.

359-T:3 Issuance. –
A certificate shall be issued to any qualified applicant therefor, if it is found that the applicant is willing and able properly to perform the service proposed and to conform to the provisions of this chapter and the requirements, rules, and regulations issued by the commissioner thereunder; otherwise, such application shall be denied.
Source.
2022, 14:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-T - Carriage of Household Goods for Hire by Motor Vehicle › Section 359-T:4 - Issuance of Contract Carrier Permits.

359-T:4 Issuance of Contract Carrier Permits. –
A contract carrier permit shall be issued to any qualified applicant, if it appears from the application, that the applicant is willing and able to properly perform the service of a contract carrier by motor vehicle, and to conform to the provisions of this chapter and any rules adopted by the commissioner, otherwise, such application shall be denied.
Source.
2022, 14:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-T - Carriage of Household Goods for Hire by Motor Vehicle › Section 359-T:5 - Applications for Certificates.

359-T:5 Applications for Certificates. –
Application for certificates required in RSA 359-T:2 shall be:
I. Made in writing to the department;
II. Signed under the penalties of unsworn falsification pursuant to RSA 641:3;
III. Accompanied by the fee specified in RSA 359-T:18;
IV. In the form specified in rules adopted by the commissioner; and
V. With the information specified in rules adopted by the commissioner.
Source.
2022, 14:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-T - Carriage of Household Goods for Hire by Motor Vehicle › Section 359-T:6 - Suspension, Change, and Revocation of Certificates and Permits.

359-T:6 Suspension, Change, and Revocation of Certificates and Permits. –
Certificates and permits issued under the provisions of this chapter authorizing operations as a household goods carrier shall be effective from the date specified therein and shall remain in effect until suspended, revoked, or terminated as herein provided. The department may, after notice and hearing, upon application or upon its own initiative, amend, suspend, or revoke any such certificate or permit in whole or in part, for willful failure to comply with any provision of this chapter or with any lawful order or rule issued or adopted by the department.
Source.
2022, 14:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-T - Carriage of Household Goods for Hire by Motor Vehicle › Section 359-T:7 - Transfer of Certificates and Permits.

359-T:7 Transfer of Certificates and Permits. –
No certificate or permit, nor any rights thereunder, shall be transferred without the approval of the department.
Source.
2022, 14:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-T - Carriage of Household Goods for Hire by Motor Vehicle › Section 359-T:8 - Security for the Protection of Property.

359-T:8 Security for the Protection of Property. –
No certificate or permit issued to a carrier under the provisions of this chapter shall remain in effect unless such carrier shall file with the department and keep in force a certificate of insurance in such form and in such reasonable amount as the department may require to adequately provide for the reasonable protection of the owner or owners of the property transported. This certificate of insurance shall be submitted on an annual basis with the annual report required by RSA 359-T:13, I(a).
Source.
2022, 14:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-T - Carriage of Household Goods for Hire by Motor Vehicle › Section 359-T:9 - Written Estimates of Cost.

359-T:9 Written Estimates of Cost. –
Upon the request of any customer, a household goods carrier shall provide a written estimate of cost to the customer in advance of performing any service. The written estimate shall include:
I. An itemization of the service to be performed;
II. An estimated completion date;
III. A statement that the carrier shall notify the customer of the estimated cost of any additional services of an unrelated and different nature from the work originally itemized in the written estimate and shall receive the customer's written or oral permission to proceed before performing the work; and
IV. A statement that the carrier shall not charge the customer any amount which exceeds the written estimate by 10 percent without the customer's written consent.
Source.
2022, 14:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-T - Carriage of Household Goods for Hire by Motor Vehicle › Section 359-T:10 - Discrimination Prohibited.

359-T:10 Discrimination Prohibited. –
It shall be unlawful for any household goods carrier by motor vehicle engaged in transportation between points in this state to make, give, or cause any undue or unreasonable preference or advantage to any particular person or locality in any respect whatsoever or to subject any particular person or locality to any unjust discrimination or any undue or unreasonable prejudice or disadvantage in any respect whatsoever.
Source.
2022, 14:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-T - Carriage of Household Goods for Hire by Motor Vehicle › Section 359-T:11 - Additional Service.

359-T:11 Additional Service. –
If additional service of an unrelated and different nature from the work originally itemized in the written estimate becomes necessary, a household goods carrier shall notify the customer of the estimated cost of such additional service and receive his written or oral permission to proceed before performing the work.
Source.
2022, 14:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-T - Carriage of Household Goods for Hire by Motor Vehicle › Section 359-T:12 - Effect of Exceeding the Estimate.

359-T:12 Effect of Exceeding the Estimate. –
Upon the completion of any service for which an estimate has been given, a household goods carrier shall not charge the customer any amount which exceeds the estimate by 10 percent without the customer's written consent.
Source.
2022, 14:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-T - Carriage of Household Goods for Hire by Motor Vehicle › Section 359-T:13 - Accounts, Records and Reports.

359-T:13 Accounts, Records and Reports. –
I. The department may require:
(a) Annual reports from all household goods carriers. The department shall require reports to be signed under the penalties of unsworn falsification pursuant to RSA 541:3; and
(b) Specific answers to any questions deemed necessary by the department.
II. The commissioner may adopt rules, pursuant to RSA 541-A, relative to the form of annual reports.
III. The department or its authorized representative shall have access, at reasonable times, to all accounts, records, and other documents of a carrier which relate to RSA 359-T.
Source.
2022, 14:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-T - Carriage of Household Goods for Hire by Motor Vehicle › Section 359-T:14 - Rulemaking; General Duties and Powers of the Commissioner.

359-T:14 Rulemaking;  General Duties and Powers of the Commissioner. –
I. The commissioner shall regulate household goods carriers by motor vehicle.
II. The commissioner may adopt rules relative to:
(a) Reasonable and adequate service.
(b) Adequate levels of insurance.
(c) Complaints and hearings, including the suspension or revocation of certificates or permits.
(d) Any other requirements deemed necessary to regulate household goods carriers in accordance with this chapter.
Source.
2022, 14:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-T - Carriage of Household Goods for Hire by Motor Vehicle › Section 359-T:15 - Complaints; Hearings.

359-T:15 Complaints;  Hearings. –
I. The department may investigate, upon written complaint or on its own initiative, or hold a hearing, after notice, to determine whether any household goods carrier has failed to comply with RSA 359-T or rules adopted by the commissioner relative to RSA 359-T.
II. If the department finds, after a hearing, that a carrier has failed to comply with RSA 359-T, the department may issue an appropriate order to compel compliance.
III. The department may dismiss any complaint which does not state reasonable grounds for investigation and action by the department.
Source.
2022, 14:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-T - Carriage of Household Goods for Hire by Motor Vehicle › Section 359-T:16 - Examination of Vehicles; Inspectors; Penalty.

359-T:16 Examination of Vehicles;  Inspectors;  Penalty. –
I. Any person who operates a motor vehicle for a household goods carrier doing business in this state shall stop his motor vehicle and permit any inspector authorized by the department or state police trooper to examine the vehicle. The inspector or state police trooper may examine the vehicle as necessary to determine its compliance with the provisions of this chapter and with rules adopted under this chapter.
II. Inspectors authorized by the department shall have authority as peace officers as provided by RSA 594 to enforce this chapter and rules adopted by the commissioner relative to this chapter. An inspector shall display the proper insignia of his office when stopping and examining a motor vehicle.
III. Any person who violates RSA 359-T:16 shall be guilty of a violation.
Source.
2022, 14:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-T - Carriage of Household Goods for Hire by Motor Vehicle › Section 359-T:17 - Vehicles to be Registered.

359-T:17 Vehicles to be Registered. –
Each household goods carrier holding a certificate or permit under the provisions of this chapter shall annually apply to the department of safety, division of motor vehicles, on blanks to be furnished by it, for the registration of each vehicle operated under the provisions of such certificate or permit and pay to said department fees as provided for in RSA 359-T:18. Upon receipt of such application and fee, a distinguishing number plate or plates and registration certificate shall be furnished by the division for such vehicle applied for, and said plates shall be prominently displayed on the vehicle in such manner as the director of the division shall prescribe. Registration certificates and number plates issued under the provisions of this section shall be used coincidental with, and shall expire with, the corresponding registration certificate and number plates issued by the division of motor vehicles, department of safety, of this state.
Source.
2022, 14:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-T - Carriage of Household Goods for Hire by Motor Vehicle › Section 359-T:18 - Fees.

359-T:18 Fees. –
The following fees shall be paid:
I. To the department:
(a) For each application for a common or contract carrier of household goods certificate under RSA 359-T:3 or permit under RSA 359-T:4, $50.
(b) For the annual registration of each vehicle used in the carriage of household goods, $10.
(c) For each transfer of a registration certificate, $1.
II. The department of safety, division of motor vehicles, shall deduct from the fees received under subparagraphs I(b) and (c) the actual cost of issuing such registration certificates and number plates and shall forward the balance to the department to be used by it in the administration of this chapter.
Source.
2022, 14:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-T - Carriage of Household Goods for Hire by Motor Vehicle › Section 359-T:19 - Penalty.

359-T:19 Penalty. –
I. Except as provided in paragraph II, any person violating any provision of this chapter, or any rule or order adopted or issued under this chapter, or any term or condition of any certificate, permit or license shall:
(a) For a first offense, be guilty of a violation and shall be fined not less than $100.
(b) For a second offense, within a 12-month period preceding the date of the second offense, be guilty of a violation and shall be fined not less than $250.
II. Any person found guilty of operating after suspension or revocation of rights, for a first offense, shall be guilty of a violation and shall be fined not less than $250. For a second such offense, within a 12-month period, such person shall be guilty of a violation and shall be fined not less than $500.
III. Any person found guilty of a third and subsequent offense as described under paragraph I, paragraph II, or paragraphs I and II combined, in a 12-month period preceding a third or subsequent offense, shall be guilty of a misdemeanor and shall be fined not less than $500.
Source.
2022, 14:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-U - Transportation Network Companies › Section 359-U:1 - Definitions.

359-U:1 Definitions. –
In this chapter:
I. "Department" means the department of safety.
II. "Digital network" means any online enabled technology application service, website, or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers.
III. "Personal vehicle" means a vehicle that is used by a transportation network company driver to provide a prearranged ride and is:
(a) Owned, leased, or otherwise authorized for use by the transportation network company driver; and
(b) Not a motor carrier or taxicab under RSA 376:2.
IV. "Prearranged ride" means the provision of transportation by a driver to a rider, beginning when a driver accepts a ride requested by a rider through a digital network controlled by a transportation network company, continuing while the driver transports a requesting rider, and ending when the last requesting rider departs from the personal vehicle. A prearranged ride does not include transportation provided through any of the following:
(a) A motor carrier or taxicab as defined in RSA 376:2.
(b) Shared expense carpool or van pool arrangements.
(c) A regional transportation provider.
V. "Transportation network company" (TNC) means a corporation, partnership, sole proprietorship, or other entity, that has a permit issued by the department and is operating in New Hampshire, that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides. A transportation network company shall not be deemed to control, direct, or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract.
VI. "Transportation network company driver" (TNC driver) means an individual who:
(a) Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and
(b) Uses a personal vehicle to offer or provide a prearranged ride to riders upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee.
VII. "Transportation network company rider" (rider) means a person who uses a transportation network company's digital network to connect with a transportation network driver who provides prearranged rides to the rider in the driver's personal vehicle between points chosen by the rider.
Source.
2023, 30:2, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-U - Transportation Network Companies › Section 359-U:2 - Not Other Carriers.

359-U:2 Not Other Carriers. –
No TNC or TNC driver is a motor carrier, nor do they provide taxicab services pursuant to RSA 376:2. No TNC or TNC driver shall be required to:
I. Apply for a common carrier certificate under RSA 376:4 or a contract carrier permit under RSA 376:7; or
II. Register personal vehicles under RSA 376:24.
Source.
2023, 30:2, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-U - Transportation Network Companies › Section 359-U:3 - TNC; Permit Required.

359-U:3 TNC;  Permit Required. –
No person shall operate a TNC in New Hampshire without first having obtained a permit from the department, provided that any transportation network company operating in the state before the effective date of this chapter may continue to operate in the state until the department establishes a permit process and provides a reasonable period in which to apply for and obtain a permit. The department shall issue a permit to each applicant that meets the requirements for a TNC under this chapter, and pays an annual permit fee of $500 to the department. The permit shall be issued annually and shall be effective on the date of issue.
Source.
2023, 30:2, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-U - Transportation Network Companies › Section 359-U:5 - Fare.

359-U:5 Fare. –
On behalf of a TNC driver, a TNC may charge a fare for the services provided to riders provided that if a fare is collected from a rider, the TNC shall disclose to the rider the fare or the fare calculation method on its website, within the vehicle, or on the online application service. The TNC shall also provide riders with the applicable rates being charged and the option to receive an estimated fare before the rider enters the TNC driver's vehicle.
Source.
2023, 30:2, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-U - Transportation Network Companies › Section 359-U:6 - Identification of TNC Vehicles and Drivers.

359-U:6 Identification of TNC Vehicles and Drivers. –
The TNC's digital network or website shall display a picture of the TNC driver, and the license plate number of the motor vehicle utilized for providing the prearranged ride before the rider enters the TNC driver's vehicle.
Source.
2023, 30:2, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-U - Transportation Network Companies › Section 359-U:7 - Receipt.

359-U:7 Receipt. –
Within a reasonable period of time following the completion of a trip, a TNC shall transmit an itemized receipt to the rider on behalf of the TNC driver.
Source.
2023, 30:2, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-U - Transportation Network Companies › Section 359-U:9 - Disclosures.

359-U:9 Disclosures. –
Every TNC shall disclose in writing to the TNC driver the following:
I. The insurance coverage, including the types of coverage and the limits for each coverage, that the TNC provides while the TNC driver uses a personal vehicle in connection with a TNC's digital network.
II. That the TNC driver's own motor vehicle insurance policy might not provide any coverage while the TNC driver is logged on to the TNC's digital network or is engaged in a prearranged ride, depending on its terms.
III. That the TNC driver shall contact the driver's personal vehicle insurer or insurance producer and lienholder to advise the insurer or producer and lienholder that the driver will be providing TNC services.
IV. That if the personal vehicle that the TNC driver uses to provide TNC services has a lien against it, using the personal vehicle for TNC services without physical damage coverage may violate the terms of the contract with the lienholder.
V. That if a TNC's insurer makes a payment for a claim covered under comprehensive coverage or collision coverage, the TNC shall cause its insurer to issue the payment directly to the business repairing the personal vehicle or jointly to the owner of the personal vehicle and the primary lienholder on the covered personal vehicle.
Source.
2023, 30:2, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-U - Transportation Network Companies › Section 359-U:11 - Zero Tolerance for Drug or Alcohol Use.

359-U:11 Zero Tolerance for Drug or Alcohol Use. –
I. The TNC shall implement a zero tolerance policy regarding a TNC driver's activities while accessing the TNC's digital platform. The zero tolerance policy shall address the use of drugs or alcohol while a TNC driver is providing prearranged rides or is logged into the TNC's digital network but is not providing prearranged rides, and the TNC shall provide notice of this policy on its website, as well as procedures to report a complaint about a TNC driver with whom a rider was matched and whom the rider reasonably suspects was under the influence of drugs or alcohol during the course of the trip.
II. Upon receipt of such rider complaint alleging a violation of the zero tolerance policy, the TNC shall suspend such TNC driver's access to the TNC's digital platform as soon as possible, and shall conduct an investigation into the reported incident. The suspension shall last the duration of the investigation.
III. The TNC shall maintain records relevant to the enforcement of this requirement for a period of at least 2 years from the date that a rider complaint is received by the TNC. The suspension shall last the duration of the investigation.
Source.
2023, 30:2, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-U - Transportation Network Companies › Section 359-U:12 - TNC Driver Requirements.

359-U:12 TNC Driver Requirements. –
I. Before allowing an individual to accept trip requests through a TNC's digital platform:
(a) The individual shall submit an application to the TNC, which includes information regarding his or her address, age, driver's license, motor vehicle registration, automobile liability insurance, and other information required by the TNC.
(b) The TNC shall conduct, or have a third party conduct, a local and national criminal background check for each applicant that shall include:
(1) Multi-state/multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation (primary source search); and
(2) U.S. Department of Justice National Sex Offender Public Website.
(c) The TNC shall obtain and review, or have a third party obtain and review, a driving history research report from such individual.
II. No individual shall act as a TNC driver on the TNC's digital platform who:
(a) Has had more than 3 moving violations in the prior 3-year period, or one major violation in the prior 3-year period, including, but not limited to, attempting to evade the police, reckless driving, or driving with a suspended or revoked license.
(b) Has been convicted, within the past 7 years, of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage, and/or theft, acts of violence, or acts of terror.
(c) Is a match on the United States Department of Justice National Sex Offender Public Website.
(d) Does not possess a valid driver's license.
(e) Does not possess proof of registration for the motor vehicle used to provide prearranged rides.
(f) Does not possess proof of automobile liability insurance for the motor vehicle used to provide prearranged rides.
(g) Is not at least 19 years of age.
Source.
2023, 30:2, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-U - Transportation Network Companies › Section 359-U:13 - Vehicle Safety.

359-U:13 Vehicle Safety. –
Prior to permitting a TNC driver to accept trip requests through the TNC's digital platform, the TNC shall ensure that the TNC driver's personal vehicle meets New Hampshire's vehicle safety requirements for private motor vehicles.
Source.
2023, 30:2, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-U - Transportation Network Companies › Section 359-U:15 - Discrimination Prohibited; Accessibility.

359-U:15 Discrimination Prohibited;  Accessibility. –
I. The TNC shall adopt a policy of nondiscrimination on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity with respect to riders and potential riders and notify TNC drivers of such policy.
II. TNC drivers shall comply with all applicable laws regarding nondiscrimination against riders or potential riders on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity.
III. TNC drivers shall comply with all applicable laws relating to accommodation of service animals.
IV. No TNC shall impose additional charges for providing services to persons with physical disabilities because of such disabilities.
V. Every TNC shall provide riders an opportunity to indicate whether they require a wheelchair accessible vehicle. If a TNC cannot arrange a wheelchair accessible prearranged ride in any instance, it shall direct the rider to an alternate provider of wheelchair accessible service, if available.
Source.
2023, 30:2, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-U - Transportation Network Companies › Section 359-U:16 - Records.

359-U:16 Records. –
Every TNC shall maintain the following customer records:
I. Individual trip records for at least one year from the date each trip was provided.
II. TNC driver records at least until the one year anniversary of the date on which a TNC driver's customer relationship with the TNC has ended.
Source.
2023, 30:2, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-U - Transportation Network Companies › Section 359-U:17 - Controlling Authority.

359-U:17 Controlling Authority. –
Notwithstanding any other provision of law, TNCs and TNC drivers are governed exclusively by this chapter and any rules by the department of safety consistent with this chapter. No municipality or other local entity may impose a tax on, or require a license for, a TNC, a TNC driver, or a vehicle used by a TNC driver where such tax or licenses relates to providing prearranged rides, or subject a TNC to the municipality's or other local entity's rate, entry, operational, or other requirements, except that an airport that is federally obligated may charge a TNC fee, as may be amended from time to time, which is not greater than a fee applied to a taxicab service.
Source.
2023, 30:2, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-U - Transportation Network Companies › Section 359-U:18 - Penalties.

359-U:18 Penalties. –
The department shall adopt rules pursuant to RSA 541-A for penalties, including:
I. The department may assess an administrative penalty for violations of this chapter in an amount not to exceed $500 for a first offense and $1,000 for a subsequent offense. Failure to pay such a penalty shall result in revocation of the TNC permit.
II. The department may suspend or revoke the TNC permit for repeated violations of this chapter.
III. Any person who subverts the intent and purposes of this chapter by filing false, misleading, or substantially inaccurate statements with the department shall be guilty of a violation.
Source.
2023, 30:2, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-U - Transportation Network Companies › Section 359-U:19 - General Duties and Powers of the Commissioner; Rulemaking; Confidentiality of TNC Records.

359-U:19 General Duties and Powers of the Commissioner;  Rulemaking;  Confidentiality of TNC Records. –
I. The commissioner shall regulate transportation network companies.
II. The commissioner shall administer and enforce RSA 359-U and shall adopt rules, pursuant to RSA 541-A, relative to the administration of RSA 359-U.
III. The commissioner may adopt rules, pursuant to RSA 541-A, relative to:
(a) Audits for compliance with this chapter and rules relative to the administration of RSA 359-U;
(b) Procedures for permit application and renewal;
(c) Account and record systems;
(d) Preservation of records and accounts; and
(e) Procedures for investigating and disposing of complaints, including a hearing process.
IV. Any rider, driver, trip, or financial records inspected by the department or any duly authorized representative of the department under this chapter are designated confidential, are not subject to disclosure to a third party by the department or duly authorized representative of the department without the prior written consent of the transportation network company, and are exempt from disclosure under the RSA 91-A. Nothing in this section shall be construed as limiting the applicability of any other exemptions under RSA 91-A.
Source.
2023, 30:2, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-U - Transportation Network Companies › Section 359-U:20 - TNC Drivers; Independent Contractors.

359-U:20 TNC Drivers;  Independent Contractors. –
TNC drivers are presumed to be independent contractors and not employees of the TNC provided all of the following conditions are met:
I. The TNC does not prescribe specific hours during which a TNC driver must be logged into the TNC's digital platform.
II. The TNC imposes no restrictions on the TNC driver's ability to utilize digital platforms from other TNCs.
III. The TNC does not assign a TNC driver a particular territory in which prearranged rides can be provided.
IV. The TNC does not restrict a TNC driver from engaging in any other occupation or business.
V. The TNC and TNC driver agree in writing that the TNC driver is an independent contractor of the TNC.
Source.
2023, 30:2, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXII - Chattel Mortgages › Chapter 360 - Chattel Mortgages › Section 360:1 - to 360:20 Repealed by 1959, 247:2, eff. July 1, 1961.

360:1 to 360:20 Repealed by 1959, 247:2, eff. July 1, 1961. –
2023 New Hampshire Revised Statutes › Title XXXII - Chattel Mortgages › Chapter 360 - Chattel Mortgages › Section 360:21 - Consent to Sell.

360:21 Consent to Sell. –
A personal property mortgage may provide that the mortgagor with the permission of the mortgagee may sell or exchange any of the mortgaged property in accordance with the provisions of the mortgage without notice to or consent of any subsequent mortgagee or lienor of the mortgaged property, if the proceeds of such sale or exchange are applied upon the mortgage debt or are used for the purchase of property to be included in the mortgage lien, or are used for the purpose of paying the expense of cultivating, harvesting, preparing for market, processing, marketing, or otherwise preserving or rendering marketable or salable the remaining property covered by the mortgage, and no such provision shall in any way render invalid or affect the lien of the mortgagor or its preference or priority; but unless the mortgage so permits, no mortgagor shall sell, pledge, or exchange any of the mortgaged property without the written consent of the mortgagee, recorded in the office where the mortgage is recorded, or endorsed upon the mortgage and upon the margin of the record thereof.
Source.
RS 132:8. CS 138:11. GS 123:13. GL 137:13. PS 140:13. PL 216:17. 1935, 41:4. RL 262:19.
2023 New Hampshire Revised Statutes › Title XXXII - Chattel Mortgages › Chapter 360 - Chattel Mortgages › Section 360:22 - Subsequent Mortgage.

360:22 Subsequent Mortgage. –
No mortgagor shall execute a second or subsequent mortgage of personal property while the same is subject to a previously existing mortgage given by him, unless the fact of the existence of the previous mortgage is set forth in the subsequent mortgage.
Source.
RS 132:9. CS 138:12. GS 123:14. GL 137:14. PS 140:14. PL 216:18. RL 262:20.
2023 New Hampshire Revised Statutes › Title XXXII - Chattel Mortgages › Chapter 360 - Chattel Mortgages › Section 360:23 - Penalty for Sale Without Mortgagee's Consent; For Failure to Set Forth Prior Mortgage.

360:23 Penalty for Sale Without Mortgagee's Consent;  For Failure to Set Forth Prior Mortgage. –
If any mortgagor shall be guilty of an offense under RSA 360:21 or 22, they shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. The court may, if a fine is imposed, allow the mortgagee a reasonable sum therefrom for his loss and expense.
Source.
RS 132:10. CS 138:13. GS 123:15. GL 137:15. PS 140:15. PL 216:19. RL 262:21. RSA 360:23. 1955, 175:5. 1973, 528:254, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXII - Chattel Mortgages › Chapter 360 - Chattel Mortgages › Section 360:24 - Concealing Property.

360:24 Concealing Property. –
Any person who removes or conceals any mortgaged personal property with the intent of placing it beyond the control of the mortgagee, or who aids in so doing, and any mortgagor of such property who assents to such removal or concealment shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
1889, 51:1. PS 140:16. PL 216:20. RL 262:22. RSA 360:24. 1973, 528:255, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXII - Chattel Mortgages › Chapter 360 - Chattel Mortgages › Section 360:25 - to 360:30 Repealed by 1959, 247:2, eff. July 1, 1961.

360:25 to 360:30 Repealed by 1959, 247:2, eff. July 1, 1961. –
2023 New Hampshire Revised Statutes › Title XXXIII - Conditional Sales › Chapter 361 - Uniform Conditional Sales Law › Section 361:1 - to 361:10 Repealed by 1959, 247:2, eff. July 1, 1961.

361:1 to 361:10 Repealed by 1959, 247:2, eff. July 1, 1961. –
2023 New Hampshire Revised Statutes › Title XXXIII - Conditional Sales › Chapter 361 - Uniform Conditional Sales Law › Section 361:11 - to 361:13 Repealed by 1959, 247:2, eff. July 1, 1961.

361:11 to 361:13 Repealed by 1959, 247:2, eff. July 1, 1961. –
2023 New Hampshire Revised Statutes › Title XXXIII - Conditional Sales › Chapter 361 - Uniform Conditional Sales Law › Section 361:14 - Prohibition of Removal or Sale Without Notice.

361:14 Prohibition of Removal or Sale Without Notice. –
Prior to the performance of the condition, no buyer shall remove the goods from a recording district in which the contract is recorded, except for temporary uses for a period of not more than 30 consecutive days, unless the buyer not less than 5 days before such removal shall give the seller personally or by registered mail written notice of the place to which the goods are to be removed, the approximate time of such intended removal and the length of time during which he intends to keep such goods in any recording district to which they are to be removed; nor prior to the performance of the condition shall the buyer sell, mortgage or otherwise dispose of his interest in the goods, unless the seller shall consent thereto in writing. If any buyer does so remove the goods, or does so sell, mortgage or otherwise dispose of his interest in them without such notice or consent, the seller may retake possession of the goods and deal with them as in case of default in payment of part or all of the purchase price. The provisions of this section regarding the removal of goods shall not apply, however, to automobiles removed for vacation purposes or to the goods described in section 8.
Source.
1945, 104:1 par. 13, eff. July 1, 1945.
2023 New Hampshire Revised Statutes › Title XXXIII - Conditional Sales › Chapter 361 - Uniform Conditional Sales Law › Section 361:16 - Fraudulent Injury; Concealment; Removal or Sale.

361:16 Fraudulent Injury;  Concealment;  Removal or Sale. –
When, prior to the performance of the condition (1) any buyer or conditional purchaser of any personal property, maliciously or with intent to defraud, shall injure, destroy or conceal the goods or other personal property, or (2) any buyer with such intent shall remove the goods to a recording district where the contract is not recorded, without having given the notice required by RSA 361:14, or (3) any buyer or conditional purchaser of any personal property shall sell, mortgage, or otherwise dispose of such goods under claim of full ownership, he shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
1945, 104:1 par. 15. RSA 361:16. 1973, 528:256, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXIII - Conditional Sales › Chapter 361 - Uniform Conditional Sales Law › Section 361:17 - to 361:33 Repealed by 1959, 247:2, eff. July 1, 1961.

361:17 to 361:33 Repealed by 1959, 247:2, eff. July 1, 1961. –
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-A - Retail Installment Sales of Motor Vehicles › Section 361-A:2-a - License Surrender.

361-A:2-a License Surrender. –
I. (a) A licensee who ceases to engage in the business of a sales finance company or retail seller at any time during a license year for any cause, including but not limited to bankruptcy, license revocation or voluntary dissolution, shall surrender such license in person or by registered or certified mail to the commissioner within 15 calendar days of such cessation.
(b) Withdrawal of the surrendered license becomes effective 30 days after receipt of the license by the commissioner or within such shorter period of time as the commissioner may determine, unless a revocation or suspension proceeding is pending when the withdrawal is filed or a proceeding to revoke or suspend or to impose conditions upon the withdrawal is instituted within 30 days after the license is surrendered. If a proceeding is pending or instituted, withdrawal becomes effective at such time and upon such conditions as the commissioner by order determines. If no proceeding is pending or instituted and withdrawal automatically becomes effective, the commissioner may nevertheless institute a revocation or suspension proceeding under RSA 361-A:3 within one year after the withdrawal became effective and may enter a revocation or suspension order as of the last date on which the license was effective.
II. Failure to comply with the provisions of this section and rules adopted under this section shall be cause for denial of future license applications and the imposition of penalties under RSA 361-A:11.
Source.
1995, 31:1. 2003, 129:14. 2004, 139:5, eff. July 23, 2004.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-A - Retail Installment Sales of Motor Vehicles › Section 361-A:3-a - Cease and Desist Orders.

361-A:3-a Cease and Desist Orders. –
I. Whenever the commissioner has reasonable cause to believe that any person is engaging in the business of a sales finance company or retail seller without obtaining a license as provided in this chapter, or has engaged or is about to engage in any act or practice constituting a violation of this chapter, or any rule or order under this chapter, the commissioner may, in addition to all actions provided for in this chapter, enter an order requiring such person to cease and desist from such violation. Delivery of such order shall be by hand or registered mail at the principal office of the licensee or other person. The order shall be calculated to give reasonable notice of the rights of the person to request a hearing on the order and shall state the reasons for the entry of the order. A hearing shall be held not later than 10 days after the request for such hearing is received by the commissioner after which and within 20 days of the date of the hearing the commissioner shall issue a further order vacating the cease and desist order or making it permanent as the facts require. All hearings shall comply with RSA 541-A. If the person to whom a cease and desist order is issued fails to appear at the hearing after being duly notified, the person shall be deemed in default, and the proceeding may be decided against him or her upon consideration of the cease and desist order, the allegations of which may be deemed to be true. If the person to whom a cease and desist order is issued fails to request a hearing within 30 calendar days of receipt of such order, then such person shall likewise 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.
II. If any person refuses to obey such order, an action may be brought by the commissioner or by the attorney general on the commissioner's behalf in any superior court in this state to enjoin such person from engaging in or continuing such violation or from doing any act or acts in furtherance of such violation. In any such action, an order or judgment may be entered awarding a temporary or permanent injunction, and awarding the commissioner or the attorney general or both costs in bringing such action. The court shall have the power to enforce obedience to such injunction, in addition to all the court's customary powers, by a fine not exceeding $10,000 or by imprisonment, or both.
Source.
1997, 322:8. 2003, 129:7. 2004, 139:9, eff. July 23, 2004.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-A - Retail Installment Sales of Motor Vehicles › Section 361-A:3-b - Prohibitions.

361-A:3-b Prohibitions. –
I. It is unlawful for any person, in connection with the solicitation, offer, or closing of a loan, directly or indirectly:
(a) To employ any device, scheme, or artifice to defraud;
(b) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading; or
(c) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.
II. It is unlawful for any person to make or cause to be made in any document filed under this chapter or in any proceeding under this chapter any statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in any material respect or, in connection with such statement, to omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.
III. Any condition, stipulation or provision binding any person to waive compliance with any provision of this chapter or any rule or order under this chapter is void.
IV. It is unlawful to instruct, solicit, propose, or cause a person to sign another's signature on any document without legal authority.
V. It is unlawful to solicit, accept, or execute any contract or other document related to any transaction that contains any blanks to be filled in after signing or initialing the contract or other document, except for forms authorizing the verification of application information or as otherwise expressly provided in this chapter.
Source.
2008, 205:5, eff. Aug. 15, 2008. 2019, 36:2, eff. May 15, 2019.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-A - Retail Installment Sales of Motor Vehicles › Section 361-A:4 - Filing of Complaints.

361-A:4 Filing of Complaints. –
Any retail buyer having reason to believe that the provisions of this chapter relating to his retail installment contract have been violated may file with the commissioner a written complaint setting forth the details of such alleged violation; and the commissioner, upon receipt of such complaint, may inspect the pertinent books, records, letters and contracts of the licensee and of the retail seller involved relating to such specific written complaint. Said commissioner may also make inspections of the records of sales finance companies without the receipt of a specific complaint for any reasonable cause.
Source.
1961, 193:1. 2003, 129:14, eff. June 12, 2003.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-A - Retail Installment Sales of Motor Vehicles › Section 361-A:4-a - Consumer Inquiries.

361-A:4-a Consumer Inquiries. –
I. Consumer complaints naming retail sellers or sales finance companies under this chapter, which are filed in writing with the office of the commissioner, shall be forwarded via electronic mail or certified or registered mail to the retail seller or sales finance company for response within 10 days of receipt by the department. Retail sellers or sales finance companies shall, within 10 days after receipt of such complaint, send a written acknowledgment thereof to the consumer and the banking department. Not later than 30 days following receipt of such complaint, the retail seller or sales finance company shall conduct an investigation of the complaint and either:
(a) Make appropriate corrections in the account of the consumer and submit to the consumer and the banking department written notification of such corrections, including documentary evidence thereof; or
(b) Submit a written explanation or clarification to the consumer and the banking department which sets forth, to the extent applicable, the reasons why the licensee believes its actions are correct, including copies of documentary evidence thereof.
II. A retail seller or sales finance company who fails to respond to consumer complaints as required by this section within the time prescribed shall pay to the commissioner the sum of $50 for each day such response is overdue. For purposes of this section, the date of submission shall be the date such response is received by the banking department.
III. (a) Retail sellers or sales finance companies who, because of extenuating circumstances beyond the control of the retail seller or sales finance company, are unable to comply with the time frames prescribed in this section, may make written request to the commissioner for a waiver of such time frames. Waivers shall not be granted or considered unless the request for the waiver:
(1) Is received by the banking department within 20 days following the retail seller's or sales finance company's receipt of the complaint;
(2) Specifies the reason for the request; and
(3) Specifies a date certain by which the retail seller or sales finance company shall comply with the provisions of this section.
(b) Requests for waivers shall be either granted or denied within 5 days of receipt by the banking department.
IV. [Repealed.]
Source.
1992, 116:1. 1995, 253:13, I. 2003, 129:8, eff. June 12, 2003. 2018, 207:2, 3, eff. Aug. 7, 2018. 2021, 194:23, eff. Oct. 9, 2021.