reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-E - Loan Scam Operators › Section 399-E:1 - Loan Scam Operators.

399-E:1 Loan Scam Operators. –
I. In this chapter, "loan scam operator" means any person who, through advertising in any media, offers to lend money for a prepaid fee without any source of supply for such money and with no intent to provide such money.
II. Any loan scam operator who operates in this state shall be guilty of a felony and, notwithstanding RSA 651:2, shall be subject to a fine of $10,000 and one year of imprisonment.
Source.
1988, 46:1, eff. May 30, 1988.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-F - Cash Dispensing Machines › Section 399-F:1 - Definitions.

399-F:1 Definitions. –
In this chapter:
I. "Bank" means a bank as defined in RSA 383-A:2-201(a)(3).
I-a. "Credit union" means a credit union as defined in RSA 383-A:2-201(a)(15).
II. "Cash dispensing machine":
(a) Means an electronic device that, operating in conjunction with a processor and network, allows a consumer to debit an account in exchange for dispensing cash.
(b) Does not mean a point-of-sale device that is used in the purchase of goods or services to capture data electronically in order to debit or credit a customer's asset account.
III. "Commissioner" means the New Hampshire bank commissioner appointed under the provisions of RSA 383:1.
IV. "Establish" means to own, lease, or otherwise legally control.
V. "Network" means a person who engages primarily in the establishment and maintenance of a computer-operated system of transmitting items and messages between banks, processors, and cash dispensing machines or similar electronic devices.
VI. "Operator" means the person who owns, leases, or otherwise legally controls a cash dispensing machine.
VII. "Person" means any natural person, partnership, corporation, or other business association recognized under New Hampshire law.
VIII. "Processor" means a person who electronically acquires financial data emanating from a cash dispensing machine and relays such data to a network.
IX. "Servicing agent" means a person who contracts with an operator to provide consumer relations, financial recordkeeping, or similar services in regard to a cash dispensing machine.
Source.
1998, 358:1. 2015, 272:25, 31. 2016, 230:7, 8, eff. Aug. 8, 2016. 2019, 36:36, eff. May 15, 2019.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-F - Cash Dispensing Machines › Section 399-F:2 - Establishment of Cash Dispensing Machines.

399-F:2 Establishment of Cash Dispensing Machines. –
I. No person shall establish a cash dispensing machine unless it:
(a) Does not accept deposits, loan payments, or effectuate account transfers;
(b) Is not operated in such a way as to violate the Electronic Funds Transfer Act, 15 U.S.C. 1693 et seq. or regulations promulgated thereunder; and
(c) Is in complete and accurate compliance with the provisions of RSA 399-F:3.
II. Paragraph I shall not apply to and this chapter shall not govern any cash dispensing machine or similar electronic device established by a bank or credit union.
Source.
1998, 358:1. 2015, 272:26. 2016, 230:9, eff. Aug. 8, 2016.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-F - Cash Dispensing Machines › Section 399-F:3 - Notice.

399-F:3 Notice. –
I. At least 15 business days prior to the activation date of any cash dispensing machine, its operator shall provide to the commissioner an initial:
(a) Written notice completely and accurately setting forth the following information in regard to the cash dispensing machine:
(1) The operator's name, address, and telephone number;
(2) The location name and address;
(3) The activation date;
(4) The types of transactions available;
(5) The processor's name, address, and telephone number;
(6) The servicing agent's name, address, and telephone number; and
(7) The dated signature, name, title, address, and telephone number of the person completing the notice; and
(b) Fee of $50 payable to the state of New Hampshire.
II. Commencing in the calendar year following an operator's compliance with paragraph I, the operator shall provide annually before July 1 to the commissioner a notice and fee in accordance with the provisions of subparagraph I(a) and a renewal fee of $5 payable to the state of New Hampshire.
III. The operator, without being assessed a fee, shall promptly notify the commissioner in writing:
(a) Of any changes to the information required under subparagraph I(a) as provided in the most current notice; or
(b) If the operation of the cash dispensing machine is terminated.
IV. The commissioner is authorized at any time to verify the completeness and accuracy of any notice required under this section, and in connection therewith:
(a) If the operator fails to promptly provide adequate documentation to and upon the request of the commissioner:
(1) The commissioner shall inform the operator of such failure and the provisions of paragraph V; and
(2) The operator's cash dispensing machine shall not be deemed in compliance for purposes of RSA 399-F:2, I(c) until the provisions of paragraph V are fulfilled.
(b) If the commissioner determines that any information provided in the most current notice is incomplete or inaccurate:
(1) The commissioner shall inform the operator of such discrepancy and the provisions of paragraph V; and
(2) The operator's cash dispensing machine shall not be deemed in compliance for purposes of RSA 399-F:2, I(c) until the provisions of paragraph V are fulfilled.
V. The operator of a cash dispensing machine who fails to completely and accurately abide by this section shall not legally establish or operate such cash dispensing machine until paragraph I is fully complied with, except that a fee of $100 shall be paid.
VI. In lieu of the operator, the cash dispensing machine's servicing agent may submit to the commissioner any information, documentation, or fees required pursuant to this section.
VII. If any filing deadline date falls on a weekend or on a New Hampshire state or federal legal holiday, the due date shall be automatically extended to the next business day following such weekend or holiday.
Source.
1998, 358:1. 2016, 74:1-3, eff. July 18, 2016. 2019, 36:37, eff. May 15, 2019.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-F - Cash Dispensing Machines › Section 399-F:4 - Required Consumer Disclosures.

399-F:4 Required Consumer Disclosures. –
I. An operator shall clearly and conspicuously disclose on a sign posted on the cash dispensing machine or in clear view of a consumer viewing the cash dispensing machine:
(a) The name of the operator;
(b) A disclaimer indicating that the operator is not a bank nor a credit union; and
(c) The name, address, and 24-hour toll-free telephone number where a consumer may direct inquiries or complaints.
II. An operator shall not charge a fee for use of a cash dispensing machine unless the amount of the fee is clearly and conspicuously disclosed:
(a) On a sign posted on the cash dispensing machine or in clear view of a consumer viewing the cash dispensing machine; and
(b) Electronically during the course of the transaction in a manner that permits the consumer to cancel the transaction without incurring the fee.
III. Failure to comply in good faith with the provisions of this section shall constitute an unfair or deceptive act or practice under RSA 358-A:2.
Source.
1998, 358:1, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-F - Cash Dispensing Machines › Section 399-F:5 - Fee Collection.

399-F:5 Fee Collection. –
I. Sums collected under this chapter shall be payable to the state treasurer as restricted revenue and credited to the appropriation for the commissioner.
II. [Repealed.]
Source.
1998, 358:1. 2016, 74:4, eff. July 18, 2016.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-G - Licensing of Money Transmitters › Section 399-G:2 - License Required.

399-G:2 License Required. –
I. Any person not exempt under RSA 399-G:3 that, in its own name or on behalf of other persons, acts as a money transmitter while physically located in New Hampshire, or with, to, or from persons located in New Hampshire, shall obtain a license from the department and shall register its authorized delegates located within this state.
II. Licensure or registration in the state of New Hampshire under this chapter does not constitute a finding that the commissioner has passed in any way upon the merits or qualifications of such person or that the commissioner has recommended or given approval to any such person. It is unlawful for any licensee or registrant to make, or cause to be made, to any prospective purchaser, customer, or client any representation inconsistent with the provisions of this paragraph.
III. Any license fee required by this chapter shall be paid before a license becomes effective. Authorized delegate registrations shall be effective upon the commissioner's receipt of written notice conditioned upon payment of the registration fee within 30 calendar days, as required by RSA 399-G:4.
Source.
2015, 258:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-G - Licensing of Money Transmitters › Section 399-G:5 - License and Registration Grant and Renewal.

399-G:5 License and Registration Grant and Renewal. –
I. Upon the applicant's filing of the complete application, and payment of the required fee, the commissioner shall have, in accordance with RSA 541-A:29, up to 120 days to investigate and determine whether the applicant's financial resources, experience, personnel, and record of past or proposed conduct warrant the public's confidence and the issuance of a license.
II. If the commissioner determines that the applicant meets the requirements of this chapter, then the commissioner shall issue a license and or registrations permitting the applicant to engage in the business of money transmission in accordance with the laws of this state.
III. Each license issued under the provisions of this chapter shall state the name and address of the principal office of the licensee. Each registration issued under the provisions of this chapter shall state the name and address of the authorized delegate location for which that registration is issued.
IV. If a licensee is a person other than a natural person, the license issued to it shall entitle all officers, directors, members, partners, trustees, and employees, and authorized delegates of the licensee to engage in the business of money transmission; provided that one officer, director, member, partner, employee, or trustee of such person shall be designated in the license as the individual to be contacted for purposes of this chapter.
V. If the licensee is a natural person, the license shall entitle all employees and authorized delegates of the licensee to engage in the business of money transmission.
VI. A principal office license or authorized delegate registration issued under this chapter shall not be transferable or assignable between persons without obtaining the approval of the commissioner before the assignment or transfer.
VII. Each license or registration shall remain in force until it has been surrendered, revoked, or suspended in accordance with the provisions of this chapter, or expires in accordance with the provisions of this chapter. Each license or registration shall expire on December 31 of each calendar year.
VIII. If a person holds a valid license or registration under this section and is in compliance with this chapter and the rules pursuant to this chapter, such licensee may renew the principal office license and authorized delegate registrations by paying the required fee to the banking department on or before December 31 for the ensuing year that begins on January 1. Failure to renew the license or registration shall result in the license or registration terminating on December 31.
IX. A renewal fee shall be submitted with the application for renewal as follows:
(a) $500 for the principal office license, and
(b) $25 for each authorized delegate registration.
Source.
2015, 258:1, eff. Jan. 1, 2016. 2019, 36:43, eff. May 15, 2019.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-G - Licensing of Money Transmitters › Section 399-G:6 - License Denial or Abandonment; Appeal.

399-G:6 License Denial or Abandonment;  Appeal. –
I. If the commissioner determines that the applicant fails to meet the requirements of this chapter, the commissioner shall immediately, in writing, notify the applicant of that determination.
II. The commissioner may deny a license application if it is in the public interest and the applicant or the applicant's principal:
(a) Has filed an application for licensing which was incomplete in any material respect;
(b) 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 a license or registration;
(c) 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 lending or collection activities;
(d) Is not qualified on the basis of such factors as experience, knowledge, and financial integrity; or
(e) Should not be licensed for other good cause shown.
III. Applicants may appeal a license denial in accordance with RSA 541-A and rules of the commissioner adopted thereunder.
IV. Applicants may petition the banking department for a rehearing in accordance with RSA 541 if the decision in an appeal conducted pursuant to paragraph III affirms a denial of a license application.
V. The commissioner may deem abandoned and withdraw any application for licensure made pursuant to this chapter if the applicant fails to respond in writing within 180 calendar days to a written request from the commissioner requesting a response. Such request shall be sent via certified mail to the last known address of the applicant that is on file with the commissioner.
VI. No application for renewal shall be denied without reasonable cause and the right of appeal pursuant to RSA 541-A and RSA 541.
Source.
2015, 258:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-G - Licensing of Money Transmitters › Section 399-G:7 - License Posting.

399-G:7 License Posting. –
It shall be unlawful to engage in the business of money transmission without a conspicuously posted license in the licensee's principal office within this state or a conspicuously posted registration in each of the licensee's authorized delegate offices within this state.
Source.
2015, 258:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-G - Licensing of Money Transmitters › Section 399-G:8 - License Surrender.

399-G:8 License Surrender. –
I. A licensee who ceases to engage in the business of money transmission at any time during a license year for any cause shall surrender such principal license and authorized delegate registrations, if any, and within 15 calendar days of such cessation shall cause to be published in a newspaper of general circulation in the licensee's market area a notice to such effect, and shall file any required report pursuant to RSA 399-G:10. The commissioner may adopt rules, in accordance with RSA 541-A, relative to such notice and the process for surrender.
II. Surrender of a license shall not take effect until the commissioner deems the surrender process complete.
III. 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 399-G:23.
Source.
2015, 258:1, eff. Jan. 1, 2016. 2019, 36:44, eff. May 15, 2019. 2021, 194:12, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-G - Licensing of Money Transmitters › Section 399-G:11 - Record Keeping Requirements.

399-G:11 Record Keeping Requirements. –
I. (a) The licensee shall maintain such records as will enable the department to determine whether the licensee's business is in compliance with the provisions of this chapter and the rules adopted pursuant to this chapter. Such records shall be maintained for a period of at least 5 years or longer if the commissioner prescribes a period by rule. Records shall be made available for examination at the licensee's principal office, or its authorized delegate location, or the office of its New Hampshire registered agent. Licensees may maintain electronic, photocopied, microfilm, or microfiche copies of original documents.
(b) A licensee may maintain its records in electronic format if, upon request, the licensee provides the commissioner with:
(1) A full explanation of the programming of any data storage or communications systems in use; and
(2) Information from any books, records, electronic data processing systems, computers, or any other information storage system in the form requested by the commissioner.
II. [Repealed.]
III. A licensee shall keep and use business records in such form and at such location as the commissioner may by rule determine. The licensee shall maintain such records to enable the commissioner to determine whether the licensee is complying with the provisions of this chapter, any rules the commissioner may adopt under it, and any other law or regulation applicable to the conduct of the business for which it is licensed under this chapter. The rules may contain provisions for records to be recorded, copied, or reproduced by any process which accurately reproduces or forms a durable medium for reproducing the original record or document, or in any other form or manner authorized by the commissioner.
IV. If the commissioner or examiner finds any accounts or records to be inadequate, or kept or posted in a manner not in accordance with generally accepted accounting principles, the commissioner may employ experts to reconstruct, rewrite, post, or balance them at the expense of the person being examined if such person has failed to maintain, complete, or correct such records or accounting after the commissioner or examiner has given him or her written notice and a reasonable opportunity to do so.
Source.
2015, 258:1, eff. Jan. 1, 2016. 2019, 36:47, 48, eff. May 15, 2019. 2021, 51:13, eff. July 24, 2021.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-G - Licensing of Money Transmitters › Section 399-G:12 - Consumer Inquiries.

399-G:12 Consumer Inquiries. –
I. Consumer complaints naming licensees 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 licensee for response within 10 days of receipt by the department. Licensees shall, within 10 days after receipt of such complaint, send a written acknowledgment thereof to the consumer and the department. Not later than 30 days following receipt of such complaint, the licensee shall conduct an investigation of the complaint and either:
(a) Make appropriate corrections in the account of the consumer and transmit to the consumer and the department written notification of such corrections, including documentary evidence thereof; or
(b) Transmit a written explanation or clarification to the consumer and the 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 licensee who fails to respond to consumer complaints as required by this section within the time prescribed shall pay to the commissioner a penalty of $50 for each day such response is overdue. For purposes of this section, the date of transmission shall be the date such response is received by the commissioner.
III. (a) Licensees which, because of extenuating circumstances beyond the control of the licensee, 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 department within 20 days following the licensee's receipt of the complaint;
(2) Specifies the reason for the request; and
(3) Specifies a date certain by which the licensee 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 department.
Source.
2015, 258:1, eff. Jan. 1, 2016. 2018, 207:10, 11 eff. Aug. 7, 2018. 2021, 194:28, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-G - Licensing of Money Transmitters › Section 399-G:14 - Prohibitions.

399-G:14 Prohibitions. –
I. It is unlawful for any person, in connection with the solicitation, offer, or transaction of money transmission, 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:
(a) 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
(b) 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. It is unlawful to instruct, solicit, propose, or cause a person to sign another's signature on any document without legal authority.
IV. 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.
2015, 258:1, eff. Jan. 1, 2016. 2019, 36:49, eff. May 15, 2019.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-G - Licensing of Money Transmitters › Section 399-G:15 - Oversight of Authorized Delegates.

399-G:15 Oversight of Authorized Delegates. –
Licensees shall implement a system of education, training, monitoring, and periodic inspection designed to inform their authorized delegates of their responsibilities, consistent with the Bank Secrecy Act and the requirements to file reports required by federal law. Licensees whose authorized delegates are not required to register independently with FinCEN shall ensure that such authorized delegates have adequate written policies and procedures in place to implement effective Bank Secrecy Act and anti-money laundering programs.
Source.
2015, 258:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-G - Licensing of Money Transmitters › Section 399-G:16 - Net Worth Requirements.

399-G:16 Net Worth Requirements. –
An applicant or licensee shall at all times maintain a net worth of the lesser of its average daily outstanding money transmissions for the prior calendar year or $1,000,000. Each licensee shall file a statement of net worth pursuant to RSA 399-G:10, II(e).
Source.
2015, 258:1, eff. Jan. 1, 2016. 2019, 36:50, eff. May 15, 2019.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-G - Licensing of Money Transmitters › Section 399-G:17 - Money Laundering Reports and Federal Law Compliance.

399-G:17 Money Laundering Reports and Federal Law Compliance. –
I. Licensees shall create, implement, and file with the commissioner written plans for compliance with federal laws, including but not limited to the Bank Secrecy Act of 1970 as amended, and regulations, 31 U.S.C. section 5313, 31 C.F.R. part 1010, and other federal and state laws pertaining to currency reporting, recordkeeping, suspicious activity reporting, and money laundering with regards to money transmission transactions in this state.
II. The timely filing with the appropriate federal agency of a complete and accurate report required by paragraph I complies with the requirements of this section, unless the commissioner notifies the licensee that reports of this type are not being regularly and comprehensively transmitted by the federal agency to the commissioner.
Source.
2015, 258:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-G - Licensing of Money Transmitters › Section 399-G:18 - Advertising.

399-G:18 Advertising. –
No person shall advertise, print, display, publish, distribute, or broadcast, or permit to be advertised, printed, displayed, published, distributed, or broadcast in any manner, any statement or representation with regard to the rates, terms, or conditions for money transmission under the provisions of this chapter which is false, misleading, or deceptive.
Source.
2015, 258:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-G - Licensing of Money Transmitters › Section 399-G:19 - Transmission and Refunds.

399-G:19 Transmission and Refunds. –
I. Money transmitters shall be liable to customers for the amount of the money or monetary value as well as any fees paid by the customer and received by the money transmitter, authorized delegate, or person acting on his or her behalf, if the monetary value fails to reach its intended recipient unless transmission to the recipient is prohibited by law.
II. If an intended recipient of a money transmission fails to accept or retrieve the monetary value transmitted, unless otherwise instructed by his or her customer, a licensee's responsibility to any person for a money transmission conducted on that person's behalf by the licensee's authorized delegate shall be limited to the amount of the monetary value transmitted.
Source.
2015, 258:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-G - Licensing of Money Transmitters › Section 399-G:21 - Cease and Desist.

399-G:21 Cease and Desist. –
I. The department may issue a cease and desist order against any person who it has reasonable cause to believe is in violation of the provisions of this chapter or any rule or order under this chapter.
II. (a) Delivery of such order shall be by hand or certified mail at the principal office of the person.
(b) 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.
(c) A hearing shall be held not later than 10 days after the request for such hearing is received by the commissioner.
(d) 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. All hearings shall comply with RSA 541-A.
(e) If the person to whom a cease and desist order is issued fails to appear at the hearing after being duly notified, such person shall be deemed in default, and the proceeding may be determined against him or her upon consideration of the cease and desist order, the allegations of which may be deemed to be true.
(f) 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.
III. If any person refuses to obey the commissioner's order, an action may be brought 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 of the court's customary powers, by a fine not exceeding $10,000 or by imprisonment, or both.
Source.
2015, 258:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-G - Licensing of Money Transmitters › Section 399-G:22 - Prosecution of Violations.

399-G:22 Prosecution of Violations. –
I. Any person who willfully violates any provisions of RSA 399-G:14, or a cease and desist order or injunction issued pursuant to RSA 399-G:21 shall be guilty of a class B felony. Each of the acts specified shall constitute a separate offense and a prosecution or conviction for any one of such offenses shall not bar prosecution or conviction of any other offense.
II. Nothing within this chapter shall restrict the right of the attorney general to enforce the provisions of RSA 358-A:2, XIII, regarding the issuance and terms of stored value cards which are gift certificates as defined by RSA 358-A:1, IV-a.
Source.
2015, 258:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-G - Licensing of Money Transmitters › Section 399-G:24 - Administration by Commissioner; Rulemaking.

399-G:24 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:4.
(b) The form of license issued to licensees under RSA 399-G:5.
(c) Call reports required by RSA 399-G:10.
(d) Personal disclosure statements to meet the requirements of RSA 399-G:4.
(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 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.
VIII. The commissioner shall have the power to subpoena witnesses and administer oaths in any adjudicative proceeding and to compel, by subpoena duces tecum, the production of documents, papers, books, records, files, and other evidence, whether electronically stored or otherwise, before the commissioner in any matter over which the commissioner has jurisdiction, control, or supervision pertaining to the provisions of this chapter.
IX. The commissioner shall have the power to administer oaths and affirmation to any person whose testimony is required.
X. The commissioner shall have the authority to set fees to be charged to cover the reasonable costs of copying documents and producing reports.
Source.
2015, 258:1, eff. Jan. 1, 2016. 2021, 194:14, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-G - Licensing of Money Transmitters › Section 399-G:25 - Repealed by 2016, 205:2, eff. Nov. 1, 2020.

399-G:25 Repealed by 2016, 205:2, eff. Nov. 1, 2020. –
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:3 - Insurance Commissioner; Appointment; Term.

400-A:3 Insurance Commissioner;  Appointment;  Term. –
The head of the department shall be the insurance commissioner who is charged with the rights, powers, and duties pertaining to the enforcement and execution of the insurance laws of this state. The commissioner shall have all powers specifically granted to him or her or reasonably implied in order to enable him or her to perform the duties imposed by this title. The commissioner shall have such additional rights, powers, and duties as may be provided by other laws. The commissioner shall be appointed by the governor with advice and consent of the council. The commissioner shall hold office for 5 years. Vacancies in the office of the insurance commissioner shall be filled for the unexpired term of such office. The commissioner may be removed only as provided by RSA 4:1.
Source.
1971, 244:1. 2007, 156:14, eff. Aug. 17, 2007.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:4 - Seal.

400-A:4 Seal. –
The office shall have a seal which shall be like the seal of state, except the words, "Insurance Department, New Hampshire," shall be substituted for the words "Seal of the State of New Hampshire, 1776". The commissioner shall attach the seal of the office to all certificates and other similar official papers issued by him, and no further proof shall be required to authenticate the same when they are offered in evidence.
Source.
1971, 244:1, eff. Aug. 17, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:6 - Deputy Commissioner; Other Department Positions.

400-A:6 Deputy Commissioner;  Other Department Positions. –
I. The commissioner, subject to the approval of the governor, shall appoint a deputy commissioner of insurance who shall hold office for 5 years and until a successor has been appointed and qualified.
II. The deputy commissioner of insurance shall perform such duties and exercise such powers of the commissioner pursuant to RSA Title XXXVII as the commissioner from time to time may authorize.
III. When the office of the commissioner is vacant, or when the commissioner is unable to perform his duties because of mental or physical disability, the deputy commissioner of insurance shall be acting commissioner.
III-a. There shall be an assistant commissioner who shall be appointed by the commissioner of insurance. He or she shall serve at the pleasure of the commissioner. When the offices of the commissioner and deputy commissioner are vacant, or when the commissioner or deputy commissioner is unable to perform his or her duties because of mental or physical disability, the assistant commissioner shall be acting commissioner. The assistant commissioner shall perform such duties and exercise such powers of the commissioner pursuant to RSA Title XXXVII as the commissioner from time to time may authorize.
III-b. [Repealed.]
III-c. [Repealed.]
III-d. [Repealed.]
IV, V. [Repealed.]
VI. [Repealed.]
VII. The commissioner shall appoint, as the commissioner's assistants, a director of financial regulation, a director of life and health, a director of health economics, a director of health care analytics, a general counsel, an insurance fraud director, a senior insurance fraud investigator, a director of property and casualty, a property and casualty actuary, a chief property and casualty actuary, a workers' compensation analyst, a chief life, accident and health actuary, a compliance and enforcement counsel, a chief financial examiner, a communications director, and a health reform coordinator, each of whom shall serve at the pleasure of the commissioner. The director of financial regulation, director of life and health, director of health economics, director of health care analytics, general counsel, insurance fraud director, senior insurance fraud investigator, director of property and casualty, property and casualty actuary, chief property and casualty actuary, workers' compensation analyst, chief life, accident and health actuary, compliance and enforcement counsel, chief financial examiner, communications director, and health reform coordinator, shall perform such duties and exercise such powers as the commissioner may authorize.
Source.
1971, 244:1. 1977, 499:2. 1987, 411:11. 1990, 246:5, 6; 254:37. 1992, 221:3. 1997, 351:21. 2003, 150:3. 2004, 187:6. 2005, 177:102. 2008, 387:4. 2010, 212:1; 243:14. 2015, 276:174, 176. 2017, 154:1, 2, 9, eff. Aug. 15, 2017. 2018, 140:2, eff. May 30, 2018. 2021, 91:374, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:8 - Compensation; Expenses; Bonds.

400-A:8 Compensation;  Expenses;  Bonds. –
I.
Compensation. The salary of the commissioner, deputy commissioner, assistant commissioner, and all assistants to the commissioner shall be as prescribed in RSA 94:1-a.
II.
Expenses. The commissioner, deputy commissioner, assistant commissioner, and all assistants to the commissioner shall be allowed their traveling expenses while engaged in the performance of their duties.
III.
Bonds. The commissioner shall procure an official blanket bond conforming to New Hampshire law and covering the commissioner and each employee of his office in the penal sum of $100,000. The bond shall be underwritten by an insurer authorized to transact business in the state and shall be filed in the office of the secretary of state. Premium for the bond shall be a charge upon available funds and the appropriation for the insurance department.
Source.
1971, 244:1. 1977, 499:3. 1990, 246:7. 1992, 221:4. 2004, 187:7. 2015, 276:175. 2017, 154:3, eff. Aug. 15, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:9 - Departmental Organization.

400-A:9 Departmental Organization. –
Within the department there shall be such divisions, not expressly provided for or prohibited by law, as the commissioner deems advisable for the discharge of his duties.
Source.
1971, 244:1, eff. Aug. 17, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:10 - Staff.

400-A:10 Staff. –
I. The commissioner may, within the limits of available funds, appoint or employ and prescribe the duties of such assistants, actuaries, examiners, clerks, and other employees as may be necessary to discharge the duties placed upon the insurance department by RSA title XXXVII.
II. The commissioner may from time to time contract for and procure on a fee or independently contracting basis, such additional actuarial, examination, rating, and other technical and professional services as he may deem necessary for the discharge of his duties. None of the individuals rendering such services pursuant to this paragraph shall be in the classified service of the state; provided, however, the commissioner may authorize, in his discretion, the payment of group hospitalization, hospital medical care, surgical care and other medical benefits, social security benefits, annual and sick leave benefits and such other benefits as are afforded to classified state employees, except participation in the New Hampshire retirement system, to such individuals who have been employed for 6 months or more as he shall determine.
III. If necessary to ensure the timely review of rates and forms submitted for approval under title XXXVII, the commissioner may retain, without appropriation under RSA 9 and without qualifying as a department expenditure under RSA 4:15, independent actuaries or other professionals or specialists as reviewers, the cost of which shall be borne by the regulated entity whose rates or forms are the subject of the review. The entity shall pay the retained professional or specialists directly for their costs. The commissioner shall conduct oversight of such independent reviewers in a manner that is consistent with standards for the use of independent reviewers established by the National Association of Insurance Commissioners in its Financial Condition Examiners Handbook and Market Regulation Handbook and shall ensure that costs are reasonable for the work performed. The amount paid by the company under this paragraph in any fiscal year shall be applied as a nontransferable credit against and to the extent of the company's administrative fee under RSA 400-A:39 in the subsequent fiscal year and not thereafter.
Source.
1971, 244:1. 1977, 499:4. 1987, 411:6. 1988, 62:4. 2017, 218:3, eff. July 10, 2017. 2022, 143:1, eff. Aug. 6, 2022.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:11 - Advisory Councils and Committees.

400-A:11 Advisory Councils and Committees. –
I. The commissioner may create advisory councils and committees to assist him in dealing with regulatory problems, may appoint members and may provide by rule for the regular creation, governance, duties and termination of any council or committee he establishes.
II. Members of advisory councils or committees shall be reimbursed for their necessary expense of travel and subsistence. Said expenses shall be a charge upon available funds and the appropriation of the insurance department.
Source.
1971, 244:1, eff. Aug. 17, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:12 - Prohibited Interests.

400-A:12 Prohibited Interests. –
I. The commissioner, deputies, assistants, actuaries, examiners, or employees of the department shall not be connected with the management or be holder of material number of shares of any insurer, insurance holding company, insurance agency or broker, or be pecuniarily interested in any insurance transaction except as authorized under Title XXXVII in their official capacity, or as a policyholder or claimant under a policy; except, that as to matters wherein a conflict of interests does not exist on the part of any such individual, the commissioner may employ and retain from time to time insurance actuaries, examiners, accountants, and other technicians who are independently practicing their professions even though from time to time similarly employed or retained by insurers or others.
II. Nothing contained in this section shall be deemed to prohibit:
(a) Receipt by any such individual of fully vested commissions or fully vested retirement benefits to which entitled by reason of services performed prior to becoming commissioner or prior to employment in the department.
(b) Investment in shares of regulated diversified investment companies.
III. No person who has formerly served as a commissioner, deputy, assistant, actuary, examiner, or otherwise as an employee of the department nor any person that has been retained by the commissioner under Title XXXVII, shall disclose any third party confidential information gained by reason of such public position, nor shall any person otherwise use such information for personal gain or benefit. Nothing in this paragraph shall be construed to limit any protections that an employee or a former employee has under RSA 275-E.
Source.
1971, 244:1. 2017, 6:1, eff. Mar. 31, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:13 - Delegation of Powers.

400-A:13 Delegation of Powers. –
I. The commissioner may delegate to his deputies, assistants, actuaries, examiners, or employees of the department the exercise or discharge in the commissioner's name of any power, duty, or function, whether ministerial, discretionary or of whatever character, vested in or imposed upon the commissioner. However, he shall not delegate his rulemaking powers upon RSA 400-A:15.
II. The official act of any such person acting in the commissioner's name and by his authority shall be deemed an official act of the commissioner.
Source.
1971, 244:1. 1986, 210:2, eff. June 6, 1986.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:14 - Orders, Notices.

400-A:14 Orders, Notices. –
I. The commissioner shall issue upon hearing such prohibitionary and mandatory orders as are reasonably necessary to secure compliance with insurance laws, rules, and regulations. Orders and notices of the commissioner shall be effective only when in writing signed by him or by his authority. Except as otherwise expressly provided by law as to particular orders, every order of the commissioner shall state its effective date and shall concisely state:
(a) its intent or purpose;
(b) the grounds on which it is based; and
(c) the provisions of this title pursuant to which action is taken or proposed to be taken; but failure to so designate a particular provision shall not deprive the commissioner the right to rely thereon. Except as provided as to particular procedures, an order or notice may be given by delivery to the person to be ordered or notified, or by mailing it, prepaid, addressed to such person at his principal place of business or residence as last of record in the department. The order or notice shall be deemed to have been given when deposited in a depository of the United States Postal Service, and of which the affidavit of the individual who so mailed the order or notice shall be prima facie evidence.
II. If any person is entitled to a hearing by any provision of this title before any proposed action is taken, the notice of the proposed action may be in the form of a notice to show cause stating that the proposed action may be taken unless such person shows cause at a hearing to be held as specified in the notice, why the proposed action should not be taken, and stating the basis of the proposed action.
Source.
1971, 244:1, eff. Aug. 17, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:14-a - Health Insurance Coverage.

400-A:14-a Health Insurance Coverage. –
No resident of this state, regardless of whether he or she has or is eligible for health insurance coverage under any policy or program provided by or through his or her employer, or a plan sponsored by the state or the federal government, shall be required to obtain or maintain a policy of individual insurance coverage except as required by a court or the department of health and human services where an individual is named a party in a judicial or administrative proceeding. No provision of this title shall render a resident of this state liable for any penalty, assessment, fee, or fine as a result of his or her failure to procure or obtain health insurance coverage. This section shall not apply to individuals voluntarily applying for coverage under a state-administered program pursuant to Title XIX or Title XXI of the Social Security Act. This section shall not apply to students being required by an institution of higher education to obtain and maintain health insurance as a condition of enrollment. Nothing in this section shall impair the rights of persons to privately contract for health insurance for family members or former family members.
Source.
2011, 266:1, eff. July 1, 2011.