Section Jus 1305.01 - Application(a) Except for applications for exemption otherwise provided for by these rules, an application for exemption from any of the provisions of RSA 356-A shall be made by written letter submitted to the offices of the bureau. The letter shall be captioned CPLS120/EXEMPTION REQUEST.(b) An application shall be accompanied by a non-refundable fee in the amount of $200.(c) The application shall provide all information and documents that would assist the bureau in making a determination as permitted by RSA 356-A: 3, II, including, at a minimum: (1) A detailed description of the activity for which an exemption is being requested;(2) A statement explaining the necessity for the exemption; and(3) A statement as to why enforcement of the relevant provisions of RSA 356-A are not necessary in the public interest and for the protection of purchasers by reason of: a. The small amount involved;b. The limited character of the offering; orc. The property is otherwise adequately regulated by:5. Town statutes or ordinances.(d) Within 30 days after receipt of an application, the bureau shall notify the applicant, either orally or in writing that:(1) The application contains apparent errors or omissions, which shall be identified by the bureau;(2) The application has been denied in whole or in part;(3) The exemption has been granted in whole or in part; or(4) The applicant is required to submit additional information.(e) The time limit imposed by Jus 1305.01(d) may be extended by the bureau upon written agreement of the applicant.(f) No person shall engage in any conduct with respect to which an exemption has been or should have been sought under this section, until such time as the application for exemption has been granted.(g) The bureau shall impose any condition of exemption that is for the protection of purchasers pursuant to RSA 356-A.(h) The provisions of Jus 1305.01 shall apply to any request for authorization to use a public offering statement prior to registration of the lots, parcels, units, or interests in the subdivision to which it refers, except that no fee shall be required to accompany the request. However, this section shall not prevent the bureau, where otherwise authorized, from requiring the use of a public offering statement prior to registration of the subdivision.N.H. Admin. Code § Jus 1305.01
(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10
Amended by Volume XXXIX Number 46, Filed November 14, 2019, Proposed by # 12656, Effective 10/24/2019, Expires 10/24/2029.