New Hampshire § 396-8 - Section 396:8 Review and Appeal.

§ 396-8. Section 396:8 Review and Appeal.

Any party in interest may apply in writing to the commissioner at any time for a change, cancellation, or termination of any order of regulation, appointment of conservator, or payment of compensation or expense during conservatorship, and the commissioner shall take such action thereon as he deems the interests of depositors and other creditors require. Any such party aggrieved by the action of the commissioner or his refusal or neglect to act on such application within 14 days from the date of such application may appeal within the next 7 days from said order by petition to the superior court. Upon hearing, after such notice as the court may prescribe, the burden of proof shall be upon the petitioner to show that such order is clearly unreasonable or unlawful, and such order shall be deemed to be prima facie lawful and reasonable and shall not be set aside or vacated except for errors of law unless the court by a clear preponderance of the evidence before it finds that such order is unjust or unreasonable. No appeal shall lie to orders of court made in connection therewith unless taken within 7 days from the date thereof. The commissioner shall have the right of such appeal. Upon such appeal any 2 justices of the supreme court, without hearing, may stay any order of the superior court to the extent that such order of the commissioner shall continue in effect pending final decision of the supreme court. The superior court shall have the right to issue injunctions to prevent multiplicity of proceedings for change, cancellation, or termination of orders of the commissioner made under the provisions of this chapter, or to prevent undue interference with the regulation, conservation, or reorganization thereunder and to issue mandatory or restraining orders against the commissioner, a conservator, officer, trustee, director, or employee of an institution under the supervision of the commissioner for violation of law or lawful order. No other right of injunction or mandatory order shall lie against the commissioner or any person acting under his direction or control or orders made by him under the provisions of this chapter.