§ 5-19-209 — Certificate of registration - issuance or denial

(a) Except as
otherwise provided in subsections (b) and (c) of this section, the administrator shall
issue a certificate of registration as a provider to a person that complies with
sections 5-19-205 and 5-19-206.

(b) The administrator may deny registration if:

(1) The application contains information that is materially erroneous or
incomplete;

(2) An officer, director, or owner of the applicant has been convicted of a
crime, or suffered a civil judgment, involving dishonesty or the violation of state or
federal securities laws;

(3) The applicant or any of its officers, directors, or owners has defaulted in
the payment of money collected for others; or

(4) The administrator, upon reasonable belief, finds that the financial
responsibility, experience, character, or general fitness of the applicant or its
owners, directors, employees, or agents does not warrant belief that the business
will be operated in compliance with this part 2.

(c) The administrator shall deny registration if:

(1) The application is not accompanied by the fee established by the
administrator; or

(2) With respect to an applicant that is organized as a not-for-profit entity or
has obtained tax-exempt status under the federal Internal Revenue Code of 1986,
26 U.S.C. sec. 501, as amended, the applicant's board of directors is not
independent of the applicant's employees and agents.

(d) A board of directors is not independent for purposes of subsection (c) of
this section if more than one-fourth of its members:

(1) Are affiliates of the applicant, as defined in section 5-19-202 (2)(A),
(2)(B)(i), (2)(B)(ii), (2)(B)(iv), (2)(B)(v), (2)(B)(vi), or (2)(B)(vii); or

(2) After the date ten years before first becoming a director of the applicant,
were employed by or directors of a person that received from the applicant more
than twenty-five thousand dollars in either the current year or the preceding year.

(e) The administrator may temporarily approve a certificate of registration in
the event an applicant has made a timely effort to obtain a criminal records check
as required in section 5-19-206 (12), but for which a timely return of information has
not occurred, for a reasonable period of time but no longer than one hundred
twenty days, provided that the applicant has provided all other required information
in the application for registration and the administrator finds no reason to believe
from the information that has been provided that the applicant may not provide fair
and honest services to debtors under this part 2.

Legislative History

Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1144, � 4, effective August 9.