§ 5-61-3.2. Other grounds for denial of registration.
The department may delay, reject, or revoke a registration if the department finds
that a telephonic seller or any person applying for registration as a telephonic seller,
including, but not limited to, owners, operators, officers, directors, partners, or
other individuals engaged in the management activities of a business entity:
(1) Has been convicted or found guilty of, or has entered a plea of guilty or a plea of
nolo contendere to, racketeering or any offense involving fraud, theft, embezzlement,
fraudulent conversion, or misappropriation of property;
(2) For purposes of this section, a plea of nolo contendere is a conviction;
(3) Has had entered against him or her or an affiliated business, an injunction, a temporary
restraining order, or a final judgment or order, including a stipulated judgment or
order, an assurance of voluntary compliance, or any similar document, in any civil
or administrative action involving racketeering, fraud, theft, embezzlement, fraudulent
conversion, or misappropriation of property or the use of any untrue or misleading
representations in an attempt to sell or dispose of real or personal property or the
use of any unfair, unlawful, or deceptive trade practice;
(4) Is subject to, or has been affiliated with, any company that is, or ever has been,
subject to any injunction, temporary restraining order, or final judgment or order,
including a stipulated judgment or order, an assurance of voluntary compliance, or
any similar document, or any restrictive court order relating to a business activity
as the result of any action brought by a governmental agency, including any action
affecting any license to do business or practice an occupation or trade;
(5) Has at any time during the previous seven (7) years filed for bankruptcy, been adjudged
bankrupt, or been reorganized because of insolvency;
(6) Has been a principal, director, officer, or trustee of, or a general or limited partner
in, or had responsibilities as a manager in, any corporation, partnership, joint venture,
or other entity that filed for bankruptcy, was adjudged bankrupt, or was reorganized
because of insolvency within one year after the person held that position;
(7) Has been previously convicted of, or found to have been, acting as a salesperson or
telephonic seller without a registration or whose registration has previously been
refused, revoked, or suspended in any jurisdiction;
(8) Falsifies or willfully omits any material information asked for in any application,
document, or record required to be submitted or retained under this chapter;
(9) Makes a material false statement in response to any request or investigation by the
department;
(10) Refuses or fails, after notice, to produce any document or record or disclose any
information required to be produced or disclosed under this chapter or the rules of
the department; or
(11) Otherwise violates or is operating in violation of any of the provisions of this chapter
or of the rules adopted or court orders issued pursuant to the provisions of this
chapter.