New Hampshire Revised Statutes 420-D:5 – Revocation or Suspension of Certificate of Authority; Liens
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I. The commissioner may revoke, deny, or suspend a certificate upon notice and hearing with written findings of fact if he finds that any of the following conditions exist:
(a) Violation by a provider of any provisions of this chapter or any rule adopted pursuant to it.
(b) Failure to continue to meet the requirements of the certificate of authority.
(c) Lack of any qualifications necessary under this chapter for the certificate of authority.
(d) Failure to file a disclosure statement under N.H. Rev. Stat. § 420-D:4 or failure to disclose such to a prospective resident.
(e) Fraud or misrepresentation of a material fact in the disclosure statement.
(f) Failure to comply with a cease and desist order under N.H. Rev. Stat. § 420-D:24.
(g) Misappropriation, conversion, or wrongful withholding of money.
(h) A demonstrated lack of fitness or trustworthiness.
(i) Failure to make a new application for certificate of authority in accordance with N.H. Rev. Stat. § 420-D:13 when there is a sale, transfer of ownership, or partial ownership, or transfer of control.
(j) Such unsound financial condition or any other practice which may be hazardous or injurious to residents or to the general public.
(k) Failure to maintain a complete list of all entrance fees paid by each resident or prospective resident by the provider or his escrow agent.
(l) Failure to file an annual report in accordance with N.H. Rev. Stat. § 420-D:7.
II. If necessary to protect the interests of the residents, the commissioner shall file a lien in accordance with N.H. Rev. Stat. § 420-D:9 on the real and personal property of the provider and shall take any other action necessary to protect the residents of the facility.
(a) Violation by a provider of any provisions of this chapter or any rule adopted pursuant to it.
Terms Used In New Hampshire Revised Statutes 420-D:5
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Fraud: Intentional deception resulting in injury to another.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Personal property: All property that is not real property.
(b) Failure to continue to meet the requirements of the certificate of authority.
(c) Lack of any qualifications necessary under this chapter for the certificate of authority.
(d) Failure to file a disclosure statement under N.H. Rev. Stat. § 420-D:4 or failure to disclose such to a prospective resident.
(e) Fraud or misrepresentation of a material fact in the disclosure statement.
(f) Failure to comply with a cease and desist order under N.H. Rev. Stat. § 420-D:24.
(g) Misappropriation, conversion, or wrongful withholding of money.
(h) A demonstrated lack of fitness or trustworthiness.
(i) Failure to make a new application for certificate of authority in accordance with N.H. Rev. Stat. § 420-D:13 when there is a sale, transfer of ownership, or partial ownership, or transfer of control.
(j) Such unsound financial condition or any other practice which may be hazardous or injurious to residents or to the general public.
(k) Failure to maintain a complete list of all entrance fees paid by each resident or prospective resident by the provider or his escrow agent.
(l) Failure to file an annual report in accordance with N.H. Rev. Stat. § 420-D:7.
II. If necessary to protect the interests of the residents, the commissioner shall file a lien in accordance with N.H. Rev. Stat. § 420-D:9 on the real and personal property of the provider and shall take any other action necessary to protect the residents of the facility.