New Hampshire Revised Statutes 356-A:12 – Cease and Desist Orders
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I. If the attorney general determines after notice and hearing that a person has:
(a) Violated any provisions of this chapter;
(b) Directly or through an agent or employee knowingly engaged in any false, deceptive, or misleading advertising, promotional, or sales methods to offer or dispose of any interest in subdivided lands;
(c) Made any material change in the plan of disposition and development of the subdivided lands subsequent to the order of registration without notifying the attorney general, obtaining his prior approval and making an appropriate amendment to the public offering statement;
(d) Disposed of any subdivided lands which have not been registered with the attorney general;
(e) Violated any lawful order or rule of the attorney general;
he may issue an order requiring the person to cease and desist from the unlawful practice and to take such affirmative action as in the judgment of the attorney general will carry out the purposes of this chapter.
II. If the attorney general determines 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. Prior to issuing the temporary cease and desist order, the attorney general shall attempt to give telephonic or other notice of the proposal to issue a temporary cease and desist order to the person. Every temporary cease and desist order shall include findings of fact in support of the attorney general’s determination that the public interest will be irreparably harmed by delay in issuing the order and a provision that upon request a hearing will be held within 10 business days of the deposit in the United States mails or delivery in hand of said order to determine whether or not it becomes permanent.
(a) Violated any provisions of this chapter;
Terms Used In New Hampshire Revised Statutes 356-A:12
- Agent: means any person who represents, or acts for or on behalf of, a subdivider in selling or leasing, or offering to sell or lease, any lot, parcel, unit or interest in a subdivision, but shall not include an attorney-at-law whose representation of another person consists solely of rendering legal services;
X. See New Hampshire Revised Statutes 356-A:1 - Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Days: means calendar days, unless modified by the word "business" in which case said term shall include all days except Saturdays, Sundays and legal holidays in the state of New Hampshire. See New Hampshire Revised Statutes 356-A:1
- Dispose: or "disposition" refers to any sale, contract, assignment, or any other voluntary transfer of a legal or equitable interest in a lot, parcel, unit or interest in subdivided lands, except as security for a debt. See New Hampshire Revised Statutes 356-A:1
- disposition: refers to any sale, contract, assignment, or any other voluntary transfer of a legal or equitable interest in a lot, parcel, unit or interest in subdivided lands, except as security for a debt;
II. See New Hampshire Revised Statutes 356-A:1 - 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 - Offer: means any inducement, solicitation, or attempt to encourage any person or persons to acquire any legal or equitable interest in a lot, parcel, unit or interest in subdivided lands, except as security for a debt;
III. 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 - United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
(b) Directly or through an agent or employee knowingly engaged in any false, deceptive, or misleading advertising, promotional, or sales methods to offer or dispose of any interest in subdivided lands;
(c) Made any material change in the plan of disposition and development of the subdivided lands subsequent to the order of registration without notifying the attorney general, obtaining his prior approval and making an appropriate amendment to the public offering statement;
(d) Disposed of any subdivided lands which have not been registered with the attorney general;
(e) Violated any lawful order or rule of the attorney general;
he may issue an order requiring the person to cease and desist from the unlawful practice and to take such affirmative action as in the judgment of the attorney general will carry out the purposes of this chapter.
II. If the attorney general determines 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. Prior to issuing the temporary cease and desist order, the attorney general shall attempt to give telephonic or other notice of the proposal to issue a temporary cease and desist order to the person. Every temporary cease and desist order shall include findings of fact in support of the attorney general’s determination that the public interest will be irreparably harmed by delay in issuing the order and a provision that upon request a hearing will be held within 10 business days of the deposit in the United States mails or delivery in hand of said order to determine whether or not it becomes permanent.