§ 24-12-9-11 — Record keeping; use of unique identifier on forms and documents; submitting call reports to NMLSR; composite reports; notice to department of certain events or changes; notice of felony conviction

(a) A CPAP provider required to be licensed
under this article shall maintain records in conformity with United
States generally accepted accounting principles and practices in a
manner that will enable the department to determine whether the
licensee is complying with the provisions of this article. The record
keeping system of a licensee shall be sufficient if the licensee makes
the required information reasonably available. The department shall
determine the sufficiency of the records and whether the licensee has
made the required information reasonably available. The department
shall be given free access to the records wherever located. The records
concerning any CPAP transaction shall be retained for two (2) years
after making the final entry relating to the CPAP transaction. A person
licensed or required to be licensed under this article is subject to IC 28-1-2-30.5 with respect to any records maintained by the person.
(b) If the director designates under section 4 of this chapter the
NMLSR as the sole entity responsible for performing any of the
activities described in section 4(a) of this chapter, the unique identifier
of any licensee must be clearly shown on all CPAP transaction
documents furnished by the licensee to a consumer claimant and on any
other documents as required by the director.
(c) If the director designates under section 4 of this chapter the
NMLSR as the sole entity responsible for performing any of the
activities described in section 4(a) of this chapter, a CPAP provider
that is licensed by the department under this article and that engages in
CPAP transactions shall submit to the NMLSR a call report, which
must be in the form and contain information the NMLSR requires, if
required by the director.
(d) A CPAP provider required to be licensed under this article shall
file with the department a composite report as required by the
department, but not more frequently than annually, in the form
prescribed by the department relating to all CPAP transactions entered
into by the licensee. The department shall consult with comparable
officials in other states for the purpose of making the kinds of
information required in the reports uniform among the states.
Information contained in the reports shall be confidential and may be
published only in composite form. The department may impose a fee
in an amount fixed by the department under IC 28-11-3-5 for each day
that a CPAP provider fails to file the report required by this subsection.
(e) A CPAP provider required to be licensed under this article shall
file notification with the department if the CPAP provider:
(1) has a change in name, address, or principals;
(2) opens a new branch, closes an existing branch, or relocates an
existing branch;
(3) files for bankruptcy or reorganization; or
(4) is subject to revocation or suspension proceedings by a state
or governmental authority with regard to the licensee's activities;
not later than thirty (30) days after the date of the event described in
this subsection.
(f) A licensee shall file notification with the department if the
licensee or any director, executive officer, or manager of the licensee
has been convicted of a felony under the laws of Indiana or any other
jurisdiction. The licensee shall file the notification required by this
subsection not later than thirty (30) days after the date of the event
described in this subsection.

Legislative History

As added by P.L.176-2019, SEC.52.