§ 28-1-29-3 — License required; persons operating in Indiana; evidence of compliance; fees; violations; renewal; tax warrant list

(a) No person shall operate a debt management
company in Indiana without having obtained a license from the
department. For purposes of this section, a person is operating in
Indiana if:
(1) the person or any of the person's employees or agents are
located in Indiana; or
(2) the person:
(A) contracts with debtors who are residents of Indiana; or
(B) solicits business from residents of Indiana by
advertisements or other communications sent or delivered
through any of the following means:
(i) Mail.
(ii) Personal delivery.
(iii) Telephone.
(iv) Radio.
(v) Television.
(vi) The Internet or other electronic communications.
(vii) Any other means of communication.
(b) The director may 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.
(c) For purposes of subsection (b), evidence of compliance with this
section may include:
(1) criminal background checks, 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
section 5(b)(2), 5(b)(3), or 5(b)(4) of this chapter;
(2) credit histories; and
(3) other background checks considered necessary by the director.
If the director requests a national criminal history background check
under subdivision (1) for an individual described in that subdivision,
the director shall require the individual to submit fingerprints to the
department or to the state police department, as appropriate, at the time
evidence of compliance is requested under subsection (b). The
individual to whom the request is made shall pay any fees or costs
associated with the fingerprints and the national criminal history
background check. The national criminal history background check
may be used by the director to determine the individual's compliance
with this section. The director or the department may not release the
results of the national criminal history background check to any private
entity.
(d) The fee for a license or renewal of a license shall be fixed by the
department under IC 28-11-3-5 and shall be nonrefundable. The
department may impose a fee under IC 28-11-3-5 for each day that a
renewal fee and any related documents that are required to be
submitted with a renewal application are delinquent.
(e) If a person knowingly acts as a debt management company in
violation of this chapter, any agreement the person has made under this
chapter is void and the debtor under the agreement is not obligated to
pay any fees. If the debtor has paid any amounts to the person, the
debtor, or the department on behalf of the debtor, may recover the
payment from the person that violated this section.
(f) A license issued under this section, except in a transaction
approved under section 3.1 of this chapter, is not assignable or
transferable. In order to remain in force, a license issued under this
section must be renewed every year in the manner prescribed by the
director of the department. The director of the department shall
prescribe the form of the renewal application. In order to be accepted
for processing, a renewal application must be accompanied by the
following:
(1) The license renewal fee imposed under subsection (d).
(2) The licensee's most recent audited financial statements
covering the licensee's immediately preceding fiscal year, as
prepared by an independent certified public accountant in
compliance with the requirements set forth in section 5(d) of this
chapter. If the licensee's financial statements for the immediately
preceding fiscal year are not available at the time of renewal, the
licensee has one hundred twenty (120) days after the end of the
immediately preceding fiscal year to file the financial statements.
(3) All other information and documents requested by the director
of the department.
(g) If the department of state revenue notifies the department that a
person is on the most recent tax warrant list, the department shall not
issue or renew the person's license until:
(1) the person provides to the department a statement from the
department of state revenue that the person's tax warrant has been
satisfied; or
(2) the department receives a notice from the commissioner of the
department of state revenue under IC 6-8.1-8-2(k).
Formerly: Acts 1971, P.L.397, SEC.1; Acts 1972, P.L.10,
SEC.6. As amended by P.L.42-1993, SEC.48; P.L.172-1997, SEC.18;
P.L.63-2001, SEC.12 and P.L.134-2001, SEC.13; P.L.10-2006, SEC.33
and P.L.57-2006, SEC.33; P.L.213-2007, SEC.44; P.L.217-2007,
SEC.42; P.L.90-2008, SEC.28; P.L.35-2010, SEC.120; P.L.89-2011,
SEC.37; P.L.172-2011, SEC.132; P.L.216-2013, SEC.21.