Current through the 2024 Regular Session
Section 81-22-5 - [Repealed Effective 7/1/2026] Licensure and annual relicensure(1)Licensure and relicensure. No person or entity may act as a debt management service provider with respect to consumers who are residents of this state without a license issued under this chapter. The license application must be in a form prescribed by the commissioner. The commissioner may refuse the application if it contains erroneous or incomplete information. A license may not be issued unless the commissioner, upon investigation, finds that the financial soundness and responsibility, insurance coverage, consumer education programs and services component, character and fitness of the applicant and, when applicable, its partners, officers or directors, warrant belief that the business will be operated honestly and fairly within the purposes of this chapter. Each license shall remain in full force and effect until relinquished, suspended, revoked or expired. With each initial application for a license, the applicant shall pay to the commissioner a license fee of Seven Hundred Fifty Dollars ($750.00), and on or before December 31 of each year thereafter, an annual renewal fee of Four Hundred Seventy-five Dollars ($475.00). If the annual renewal fee remains unpaid after December 31, the license shall expire. If any person engages in business as provided for in this chapter without paying the license fee provided for in this subsection before beginning business or before the expiration of the person's current license, as the case may be, then the person shall be liable for the full amount of the license fee, plus a penalty in an amount not to exceed Twenty-five Dollars ($25.00) for each day that the person has engaged in such business without a license or after the expiration of a license. All licensing fees and penalties shall be paid into the Consumer Finance Fund of the department.(2)Action on registration application. The commissioner shall take action on an application within thirty (30) days after the commissioner has accepted the application as complete. Upon written request, the applicant is entitled to a hearing on the question of the applicant's qualifications for license if the commissioner has notified the applicant in writing that the application has been denied or the commissioner has not issued a license within thirty (30) days after the application for the license was accepted as complete by the commissioner. A request for a hearing may not be made more than sixty (60) days after the application was accepted as complete or the commissioner has mailed a written notice to the applicant stating that the application has been denied and stating the reasons for the denial of the application. Laws, 2003, ch. 465, § 3; reenacted and amended, Laws, 2006, ch. 398, § 3; reenacted without change, Laws, 2010, ch. 396, § 3, eff. 7/1/2010.Reenacted without change by Laws, 2022, ch. 312, HB 687,§ 3, eff. 7/1/2022.Reenacted without change by Laws, 2019, ch. 323, HB 800,§ 3, eff. 7/1/2019.Reenacted by Laws, 2016, ch. 345, HB 470, 3, eff. 7/1/2016.Reenacted without change by Laws, 2015, ch. 325, HB 1401, 3, eff. 7/1/2015.Reenacted without change by Laws, 2013, ch. 348, SB 2557, 3, eff. 7/1/2013.