§ 71-627 — Orders - Application for registration - Filing of

documents and information. A. Within ninety (90) days from the date of filing a completed application for registration, the Administrator shall issue an order registering the subdivided lands or denying the application for registration. If an order of denial is not issued within ninety (90) days, the land shall be deemed registered unless the applicant has consented to a delay or the application has been withdrawn. If any amendment to the application for registration is filed prior to the time when the land shall be deemed registered, the application shall be deemed to have been filed when the amendment was filed. B. An application for registration may be filed by the subdivider or any other person on whose behalf the sales are to be made, but the Administrator may require that it be executed by the subdivider. C. Any document filed under this Code within five (5) years preceding the filing of an application for registration may be incorporated by reference in the application for registration to the extent that the document is currently accurate. D. The Administrator may by rule or otherwise permit the omission of any item of information or document from any application for registration. E. The Administrator may, as a condition of registration and at the expense of the subdivider as specified in subsection A of Section 652 of this title, investigate any subdivision required to be registered under this Code for the purpose of verifying statements contained in the application for registration and for the protection of prospective purchasers. For the purposes of such investigation, the Administrator may: 1. Require that a report or opinion by an independent accountant, engineer, appraiser or other expert be prepared and filed; 2. Make an examination of the business and records of the applicant or subdivider; 3. Use and rely on any relevant information or data concerning a subdivision obtained by the Administrator from any federal, state or local government or agency thereof; 4. Conduct an on-site inspection of each subdivision; 5. Conduct an annual on-site reinspection of each subdivision for each of the three (3) years after the expiration date of the registration or any renewal thereof; 6. Make on-site examinations or designate a representative to make such examinations. Where additional technical, expert or special services are used, the actual cost of such services may be charged directly to and shall be paid by the subdivider being examined; and 7. Where an on-site inspection of any subdivision has been made under this Code, an inspection of adjacent subdivided lands for which a subsequent application for registration is filed may be waived and an inspection thereof may be made at the time of the next succeeding on-site inspection. F. The Administrator may require that any subdivided lands be sold by use of a specified form contract or agreement, and that a signed copy or conformed copy of such signed copy be filed with the Administrator or preserved by the subdivider for a period of up to five (5) years. G. The Administrator may by rule or otherwise impose other conditions under which subdivided lands registered under this Code may be sold, provided such conditions are reasonable and in the public interest. The Administrator may require an escrow, trust or similar arrangement to reasonably assure that all improvements referred to in the application for registration will be completed and that purchasers will receive the interests in land for which they have contracted. H. A registration is effective for one (1) year from its effective date or for such longer period as the Administrator may permit by rule or order. No application for registration or effective registration may be withdrawn at any time after its filing unless permitted by rule or order of the Administrator. No registration is effective during the time a stop order is in effect under Section 628 of this title. I. During the effective period of a registration, the Administrator may by rule or order require the person who filed the application for registration to file reports, not more often than quarterly, to keep reasonably current the information contained in the application for registration and to disclose the progress of the sales. If any of the lands registered have been sold in this state, the Administrator may by rule or order extend the period for filing the reports for an additional period not exceeding two (2) years from the date the registration became effective or the date of the registration period's latest extension. J. The subdivider or registrant shall immediately report to the Administrator any material changes in the information contained in the application for registration. K. Upon the expiration of an effective registration, the Administrator may renew the registration for an additional period of one (1) year provided the registrant is in compliance with this Code, files such reports and applications as the Administrator may require, and pays an annual renewal fee as required by Section 652 of this title, which fee shall not exceed the original registration fee.

Legislative History

Added by Laws 1977, c. 95, § 627. Amended by Laws 1989, c. 150, §8, operative July 1, 1989; Laws 2022, c. 78, § 4, eff. Nov. 1, 2022.