Following notice and an opportunity for hearing, the commissioner or the commissioner’s representative shall deny, nonrenew, or revoke a TPA’s certificate if it is found that the TPA is not competent, trustworthy, financially responsible, or of good personal and business reputation, based on the following factors.

1. (a) Failure to comply with any provisions of RSA 281-A:5-d, or these rules;
2. (b) Failure to comply with any lawful order of the commissioner;
3. (c) Failure to comply with the workers’ compensation claims processing responsibilities established by Lab 500;
4. (d) Committing an unfair or deceptive act or practice;
5. (e) Deterioration of financial condition adversely affecting the certificate holder’s ability to operate as a TPA;
6. (f) Filing an application or any required form with the department which contains fraudulent information or omissions;
7. (g) Misappropriation, conversion, illegal withholding, or refusal to pay on proper demand any monies that belong to a person otherwise entitled to them;

8. (h) That an owner, principal, officer, partner, manager, director, stockholder, trustee, employee of the TPA, or the TPA itself has:

   1. (1) Had a TPA license or an application for a TPA license in any state denied, suspended, or revoked;
   2. (2) Been the subject of a fine, penalty, order, withdrawal, or informal settlement with any state regulatory agency; or
   3. (3) Pled guilty or no contest to any felony or misdemeanor;

Source. #7142, eff 11-24-99, EXPIRED: 11-24-07 New. #9878-A eff 2-25-11, EXPIRED: 2-25-19 New. #12815, eff 6-26-19