Chapter 407-C: Motor Vehicle Road Service, Tourist Service and Repairs

No individual, firm, association, or corporation shall perform, or offer to perform, in this state, for a stipulated fee covering a certain period, any form of road or other service relating to the repair, operation and care of automobiles or protection and assistance of automobile owners or drivers, other than by insurance, or to furnish or offer to furnish tourist service by selling or offering to sell to any proprietor of any so-called roadside house or camp furnishing or offering to furnish meals or lodging to the traveling public, any form of advertising to be published in so-called tourist guides or like publications, or any form of sign or other insignia indicating that said roadside house or camp has been approved by any individual, firm, association, or corporation, without being licensed therefor by the insurance commissioner.

I. If the insurance commissioner is of the opinion that an applicant is reliable and entitled to confidence, such applicant shall be granted a license to perform such road or other service in this state until July 1 thereafter, and annually thereafter on July 1, such license may be renewed so long as the commissioner shall regard such licensee as reliable and entitled to confidence. Such application shall give such information as the commissioner may require, including, but not limited to, the most recent financial statement of the applicant prepared in accordance with generally accepted accounting principles and certified by a certified public accountant.

II. Individuals, firms, associations, or corporations established in this state shall file with the commissioner proof of minimum capital and surplus in an amount equal to or greater than $250,000, or shall file with the commissioner a surety bond or equivalent acceptable to the commissioner in the amount of $250,000.

No person, for himself or herself or in behalf of any individual, firm, association, or corporation, shall sell, or offer to sell, any such road or other service, without being licensed as a producer therefor by the insurance commissioner pursuant to the provisions of RSA 402-J. However, no producer license shall be required of a person employed by a licensed business entity pursuant to the provisions of RSA 402-J.

The insurance commissioner shall grant a producer license to sell such service in behalf of any individual firm, association, or corporation licensed therefor, to any applicant subject to the provisions of RSA 402-J.

The insurance commissioner may revoke a license at any time for cause, after hearing.

The fees for each license issued under this chapter shall be in accordance with the provisions of RSA 400-A:29.

Any individual, firm, association, or corporation violating any provision of this chapter, shall:

I. Be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person; and

II. Be subject to suspension or revocation of his license and a fine not to exceed $2,500 for each violation.