Current through October 17, 2024
Section 9 AAC 14.010 - Registration of telephonic sellers(a) To register, a telephonic seller must file a notice of intent to engage in a telephonic solicitation campaign on a form or in a format issued by the department. Information provided in the notice must include (1) the telephonic seller's full legal name and the names by which it does business, and the telephonic seller's federal taxpayer identification number;(2) the telephonic seller's mailing address, physical address, telephone number, facsimile number, electronic mail address, and Internet address; (3) any additional addresses and telephone numbers from which the telephonic seller will solicit sales; (4) the form of the telephonic seller's organization and when and where it was incorporated or legally established; (5) the identity and contact information for the principals, officers, owners, and managers of the telephonic seller; (6) a detailed description of the goods or services to be offered in the telephonic solicitation campaign; (7) the mailing address, physical address, telephone number, facsimile number, electronic mail address, and Internet address for any affiliated entity; (8) the form of the affiliated entity and when and where it was incorporated or legally established; (9) a list of other states where the telephonic seller is registered to conduct telephonic sales; (10) a list of states where the telephonic seller's registration to conduct telephonic sales has been denied, suspended, or revoked; (11) information about criminal convictions, civil judgments, orders, consent decrees, bankruptcy proceedings, and administrative determinations relating to the telephonic seller or its principals, officers, owners, or managers; and (12) a statement describing how the telephonic seller will comply with AS 45.50.475(a)(2) - (4).(b) With the notice of intent the telephonic seller must submit documents related to the solicitation campaign as requested by the department, including (1) the script containing the required representations under AS 45.63.045; (2) if the telephonic seller does not require its salespeople to use a script, (A) the outline, materials, or information that the telephonic seller uses or refers to when contacting the buyer; and (B) a statement describing how the telephonic seller will comply with AS 45.63.045; (3) a sample of the written contract required under AS 45.63.020, including (A) the notice of the rights of the buyer under AS 45.63.030(a); and (B) the information required in 9 AAC 14.040; and (4) copies of promotional materials associated with the telephonic solicitation campaign. (c) The principals, owners, officers, managers, or other individuals with similar ownership or supervisory responsibilities must sign the notice of intent, and certify under the penalty of unswom falsification under AS 11.56.210 that the information provided is true and correct. (d) The department will not accept a notice of intent from a telephonic seller if (1) the notice of intent is not complete; (2) the notice of intent or accompanying documents contain material misrepresentations or false information;(3) the information provided is not legible; (4) the appropriate representatives of the telephonic seller have not signed the notice of intent; or (5) the telephonic seller has not complied with requirements of AS 45.63.010 or this section. (e) A registration is complete for purposes of AS 45.63.010 on the date the department sends an acknowledgement to the telephonic seller that the telephonic seller has complied with AS 45.63.010. (f) Nothing in this section relieves a telephonic seller of the obligation to provide documents to the department under AS 44.23, AS 45.50, or another provision of law.Eff. 3/19/94, Register 129; am 3/20/2016, Register 217, April 2016Authority:AS 45.63.010
AS 45.63.090