New Hampshire Administrative Code

(a) Every public offering statement shall contain: (1) An index of the contents and exhibits of the public offering statement; and (2) A narrative section which shall include the following information: a. The name and principal address of the declarant and the condominium; b. A b…

(a) When a declarant is engaged in the offer and disposition of time sharing interests in condominium units, the following information shall also be included in the public offering statement: (1) A paragraph setting forth: a. The names and addresses of any exchange programs with …

(a) At least one master copy of the current public offering statement approved by the bureau shall be maintained by the declarant as a desk copy and made readily available for inspection by any person who might visit the condominium or any sales office or other location in or fro…

(a) The bureau shall permit promotional activity which includes the offering of intangible property as an inducement to visit a condominium: (1) To attend a meeting at which a condominium will be discussed; or (2) To acquire an interest in a condominium unit, only if the bureau f…

(a) At least 60 business days prior to offering any gift of intangible property as contemplated by Jus 1407.01, the person proposing to make the offer shall submit to the bureau an application as a written letter captioned CPLC120/"Exemption Request", as provided for by Jus 1404.…

(a) In addition to those requirements imposed by RSA 356-B:3, XXI, RSA 356-B:49, II, and any other applicable statutory provision, the following shall apply to use of non-binding reservation agreements:(1) Written notice to the bureau of the declarant's intention to obtain non-bi…

(a) Except as provided in Jus 1404.06 or unless exempt under RSA 356-B:49, I, or unless the condominium has been registered or exempted from registration by the bureau, no condominium shall be advertised, regardless of the medium, prior to submission to the bureau of the notice r…

A condominium which is not located in this state and is not registered in this state, and which might be advertised in out-of-state publications disseminated in this state or through an out-of-state medium received in this state, shall comply with Jus 1407.04 only if the offer or…

(a) In responding to any petition for rule making or declaratory ruling, and when proceeding in any contested case under RSA 356-B, the bureau shall comply with and be guided by the provisions of RSA 541-A. (b) To the extent that RSA 356-B is not inconsistent with RSA 541-A, the …

Written notice of an adjudicative proceeding, received by prepaid certified mail by a party at least 30 days prior to the date of the hearing, shall be deemed reasonable. Notes N.H. Admin. Code § Jus 1408.02 (See Revision Note at chapter heading for Jus 1400) #9783-A, eff 9-11-10…

The presiding officer at an adjudicative hearing conducted under RSA 356-B shall be the senior assistant attorney general in charge of the bureau or any person designated by that senior assistant attorney general. Notes N.H. Admin. Code § Jus 1408.03 (See Revision Note at chapter…

(a) The enactment of an amendment to the declaration of a condominium pursuant to RSA 356-B:54, V, extending the time limit for conversion, expansion, or contraction of a condominium shall be deemed a material change in the plan of development or disposition of the condominium, a…

(a) All applications for exemption or registration submitted to the bureau pursuant to these rules shall be accompanied by the "Affirmation of Complete Application" Form CPLC001, (August, 2019), completed by the declarant, affirming that the application submitted is complete. (b)…

(a) The bureau shall have available, upon request, the following forms at the bureau's office located at: Attorney General's Office Consumer Protection and Antitrust Bureau 33 Capitol Street Concord, NH 03301 (603) 271-3641 (1) Form CPLC100, "Comprehensive Application for Registr…

The purpose of these rules is to implement RSA 7:6-b, as reenacted by 2001, 181:1. Notes N.H. Admin. Code § Jus 1501.01 #8082, eff 5-8-04

These rules shall apply to: (a) Delegations of authority by the attorney general to assistant attorneys general pursuant to RSA 7:6-b, III; (b) Delegations of authority by the attorney general to county attorneys pursuant to RSA 7:6-b, III; (c) Delegations of authority by certain…

"Communications common carrier" means "communications common carrier" as defined by RSA 570-A:1, IX. Notes N.H. Admin. Code § Jus 1502.01 #8082, eff 5-8-04

"Attorney general" means the person holding the office established by N.H. Const. Pt. 1 Art. 46; and appointed in accordance with N.H. Const. Pt. 1, Art. 46 and RSA 21-M:3. Notes N.H. Admin. Code § Jus 1502.02 #8082, eff 5-8-04

"Assistant attorney general" means an assistant attorney general nominated and confirmed as required by RSA 21-M:3, III. Notes N.H. Admin. Code § Jus 1502.03 #8082, eff 5-8-04

"Assistant county attorney" means a person appointed to the position of assistant county attorney in accordance with the provisions of RSA 7:33-f. Notes N.H. Admin. Code § Jus 1502.04 #8082, eff 5-8-04

"County attorney" means the person holding the office of county attorney in each of the ten counties of the state, as established by RSA 7:33, and having been duly elected by the inhabitants of the county or appointed by the superior court or members of the county convention, in …

"Delegate" means an assistant attorney general, county attorney, or assistant county attorney to whom the attorney general, or authorized county attorney, has delegated the authority to issue written demands, pursuant to RSA 7:6-b. Notes N.H. Admin. Code § Jus 1502.06 #8082, eff …

"Written demand" means a letter written by the attorney general or his or her delegate to a communications common carrier demanding the production of certain information concerning a service provided to a person or location, as provided in RSA 7:6-b, I(a) - (f). Such written dema…

The attorney general shall establish and maintain a register of assistant attorneys general to whom the attorney general has delegated the authority to issue written demands pursuant to RSA 7:6-b. Notes N.H. Admin. Code § Jus 1503.01 #8082, eff 5-8-04

An assistant attorney general shall not be granted the authority to issue written demands pursuant to RSA 7:6-b, unless such assistant attorney general: (a) Is assigned to the criminal justice bureau of the attorney general's office; and (b) Has completed a one-hour training prog…

The delegation under RSA 7:6-b to an assistant attorney general shall not automatically terminate upon the swearing of a successor attorney general. Such delegation shall end upon the termination, resignation, or reassignment of the assistant attorney general to another bureau wi…

The attorney general shall establish and maintain a register of county attorneys to whom the attorney general has delegated the authority to issue written demands pursuant to RSA 7:6-b, III. Notes N.H. Admin. Code § Jus 1504.01 #8082, eff 5-8-04

A county attorney shall be granted the authority to issue written demands upon completion of a one-hour training program conducted by the chief of the criminal justice bureau of the attorney general's office or an associate attorney general with oversight of criminal justice matt…

The scope of authority delegated to a county attorney shall be limited to the issuance of written demands for information related to an investigation of an offense under RSA 318-B or RSA 649-B. Notes N.H. Admin. Code § Jus 1504.03 #8082, eff 5-8-04

The delegation of authority under RSA 7:6-b, III, to a county attorney shall not automatically terminate upon the swearing of a successor attorney general. Such delegation shall end upon the resignation or removal of the county attorney, when a successor is sworn, or upon written…

Pursuant to RSA 7:6-b, III, a county attorney shall have the authority to delegate to any assistant county attorney within the county the authority to issue written demands pursuant to RSA 7:6-b. Notes N.H. Admin. Code § Jus 1505.01 #8082, eff 5-8-04

The county attorney shall establish and maintain a register of assistant county attorneys to the county attorney has delegated the authority to issue written demands pursuant to RSA 7:6-b. Notes N.H. Admin. Code § Jus 1505.02 #8082, eff 5-8-04

A county attorney shall not delegate to an assistant county attorney the authority to issue written demands unless such assistant county attorney has completed a one-hour training program conducted by the county attorney or a deputy county attorney who has received the required t…

The county attorney shall limit the scope of authority delegated to an assistant county attorney to the issuance of written demands for information related to an investigation of an offense under RSA 318-B or RSA 649-B. Notes N.H. Admin. Code § Jus 1505.04 #8082, eff 5-8-04

The delegation of authority to an assistant county attorney shall not automatically terminate upon the swearing of a successor county attorney. Such delegation shall terminate upon the resignation or removal of the assistant county attorney, or upon written notice of the attorney…

Any investigative or law enforcement officer, as defined in RSA 570-A:1, VI, may apply for the issuance of a written demand. Notes N.H. Admin. Code § Jus 1506.01 #8082, eff 5-8-04

An application for a written demand relating to an investigation for an offense under RSA 318-B or RSA 649-B may be directed to the county attorney or assistant county attorney for the county where the investigation is being conducted, provided that the county attorney or assista…

(a) An application for the issuance of a written demand, pursuant to RSA 7:6-b, shall be in letter form, unless an oral application is accepted by the person to whom the application is directed. An oral application shall only be accepted if the person to whom the application is d…

The applicant shall submit the application either by facsimile, mail, electronically, or orally if allowed under Jus 1506.03(a). Notes N.H. Admin. Code § Jus 1506.04 #8082, eff 5-8-04

An application for a written demand shall only be acted upon by the attorney general, or authorized delegate. Notes N.H. Admin. Code § Jus 1507.01 #8082, eff 5-8-04

(a) An application shall be denied if the attorney general or authorized delegate determines that: (1) The information being sought from the communications common carrier does not fall within any of the categories designated in RSA 7:6-b; I, (a) - (f); or (2) The information cont…

(a) An application shall be approved if:(1) the information provided establishes reasonable grounds to believe that the service being furnished by the communications common carrier to the targeted person or location identified in the application has been, is being, or may be used…

A written demand issued by the attorney general or an authorized assistant attorney general, pursuant to RSA 7:6-b, shall be issued on the letterhead of the attorney general's office. Notes N.H. Admin. Code § Jus 1508.01 #8082, eff 5-8-04

A written demand issued by an authorized county attorney or assistant county attorney, pursuant to RSA 7:6-b, shall be issued on the letterhead of the county attorney's office. Notes N.H. Admin. Code § Jus 1508.02 #8082, eff 5-8-04

The written demand shall include the following: (a) A statement indicating that the person making the written demand is authorized to make such a demand, pursuant to a delegation of authority by the attorney general or county attorney under RSA 7:6-b, III; (b) A statement that th…

The demand shall be transmitted to the communications common carrier by any one or more of the following means, consistent with Jus 1508.01 through 1508.03: (a) In person; (b) By first class mail; (c) By electronic facsimile transmission; or (d) By other electronic means. Notes N…

(a) The attorney general shall retain the following records for ten years in a centralized location: (1) A register of assistant attorneys general to whom the attorney general has delegated authority under RSA 7:6-b; (2) A register of county attorneys to whom the attorney general…