§ 24-12-9-5 — Applications for licenses; issuance; evidence of compliance; use of NMLSR; denial of application; right to hearing; fees; license not assignable or transferrable

(a) The department shall receive and act on all
applications for licenses to regularly engage as a CPAP provider in
CPAP transactions. Applications must be as prescribed by the director
of the department of financial institutions. If, at any time, the
information or record contained in:
(1) an application; or
(2) a renewal application;
filed under this chapter is or becomes inaccurate or incomplete in a
material respect, the applicant shall promptly file a correcting
amendment with the department.
(b) A license shall not be issued unless the department finds that the
professional training and experience, financial responsibility, character,
and fitness of:
(1) the applicant and any significant affiliate of the applicant;
(2) each executive officer, director, or manager of the applicant,
or any other individual having a similar status or performing a
similar function for the applicant; and
(3) if known, each person directly or indirectly owning of record
or owning beneficially at least ten percent (10%) of the
outstanding shares of any class of equity security of the applicant;
are such as to warrant belief that the business will be operated honestly
and fairly within the purposes of this article.
(c) The director is entitled to request evidence of compliance with
this section at:
(1) the time of application;
(2) the time of renewal of a license; or
(3) any other time considered necessary by the director.
(d) Evidence of compliance with this section concerning a person
licensed under this chapter may include:
(1) criminal background checks as described in section 6 of this
chapter, including a national criminal history background check
(as defined in IC 10-13-3-12) by the Federal Bureau of
Investigation, for any individual described in subsection (b);
(2) credit histories as described in section 7 of this chapter;
(3) surety bond requirements as described in section 8 of this
chapter;
(4) a review of licensure actions in Indiana and other states; and
(5) other background checks considered necessary by the director.
(e) For purposes of this section and in order to reduce the points of
contact that the director may have to maintain under this section, the
director may use the NMLSR as a channeling agent for requesting and
distributing information to and from any source as directed by the
director.
(f) The department may deny an application under this section if the
director of the department determines that the application was
submitted for the benefit of, or on behalf of, a person who does not
qualify for a license.
(g) Upon written request, the applicant is entitled to a hearing on the
question of the qualifications of the applicant for a license as provided
in IC 4-21.5.
(h) The applicant shall pay the following fees at the time designated
by the department:
(1) An initial license fee as established by the department under
IC 28-11-3-5.
(2) Examination fees as established by the department under IC 28-11-3-5.
(3) An annual renewal fee as established by the department under
IC 28-11-3-5.
(i) A fee as established by the department under IC 28-11-3-5 may
be charged for each day a fee under subsection (h)(2) or (h)(3) is
delinquent.
(j) Except in a transaction approved under section 12 of this chapter,
a license issued under this section is not assignable or transferable.

Legislative History

As added by P.L.176-2019, SEC.46.