New Hampshire Revised Statutes 356-A:13 – Revocation
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I. A registration may be revoked after notice and hearing upon a written finding of fact that the subdivider has:
(a) Failed to comply with the terms of a cease and desist order;
(b) Been convicted after final appeal in any court subsequent to the filing of the application for registration for a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing in real estate transactions;
(c) Disposed of, concealed, or diverted any funds or assets of any person so as to defeat the rights of subdivision purchasers;
(d) Failed to perform any stipulation or agreement made with the agency as an inducement to grant any registration, to reinstate any registration, or to approve any promotional plan or public offering statement;
(e) Made intentional misrepresentations or concealed material facts in an application for registration.
Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.
II. If the attorney general finds after notice and hearing that the subdivider has been guilty of a violation for which revocation could be ordered, he may issue a cease and desist order instead.
III. If the attorney general makes a determination that the public interest will be irreparably harmed by delay in issuing an order, he may, without hearing, issue a temporary cease and desist order subject to the requirements of N.H. Rev. Stat. § 356-A:12, II.
(a) Failed to comply with the terms of a cease and desist order;
Terms Used In New Hampshire Revised Statutes 356-A:13
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Fraud: Intentional deception resulting in injury to another.
- Hearing: means a hearing open to the public;
XV. See New Hampshire Revised Statutes 356-A:1 - Interest: includes , without limitation, any fee simple interest, leasehold interest for a term of more than 5 years, life estate and time sharing interest;
XVI. See New Hampshire Revised Statutes 356-A:1 - Person: means a natural person, corporation, partnership, association, trust, or other entity capable of holding title to real property, or any combination thereof;
IV. See New Hampshire Revised Statutes 356-A:1 - real estate: shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. See New Hampshire Revised Statutes 21:21
- Subdivider: means a person who is an owner of subdivided land or one who offers it for disposition. See New Hampshire Revised Statutes 356-A:1
- Subdivision: and "subdivided lands" mean any land in this or another state which is, or has been, or is proposed to be, divided for the purpose of disposition into lots, parcels, units or interests and also include any land whether contiguous or not if said lots, parcels, units or interests are offered as a part of a common promotional plan of advertising and sale. See New Hampshire Revised Statutes 356-A:1
(b) Been convicted after final appeal in any court subsequent to the filing of the application for registration for a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing in real estate transactions;
(c) Disposed of, concealed, or diverted any funds or assets of any person so as to defeat the rights of subdivision purchasers;
(d) Failed to perform any stipulation or agreement made with the agency as an inducement to grant any registration, to reinstate any registration, or to approve any promotional plan or public offering statement;
(e) Made intentional misrepresentations or concealed material facts in an application for registration.
Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.
II. If the attorney general finds after notice and hearing that the subdivider has been guilty of a violation for which revocation could be ordered, he may issue a cease and desist order instead.
III. If the attorney general makes a determination that the public interest will be irreparably harmed by delay in issuing an order, he may, without hearing, issue a temporary cease and desist order subject to the requirements of N.H. Rev. Stat. § 356-A:12, II.