§ 2510A. Certificate of registration — Issuance, denial, renewal, or revocation.
522 words·~2 min read·
/de/title-6/2510aA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Upon receipt of the completed application for a certificate of registration or renewal, security requirement, and fee, and unless such certificate of registration or renewal has been denied as provided in subsection
(b)of this section, the Director shall issue and deliver to the applicant a certificate of registration in such form and manner as the Director shall prescribe, but which must set forth the applicant’s name, business address, and the effective term of the registration. A certificate of registration issued or renewed under the provisions of this section shall entitle a person to act as a registered telemarketer for a period of 1 year from the effective date of the registration.
(b)The Director may deny the application of any person for a certificate of registration or renewal, or revoke an already-issued certificate of registration or renewal, if the Director determines that such registrant, or any of its principals, meets any of the following criteria:
(1)Has made a material false statement or omitted a material fact in connection with an application under this section.
(2)Was the former holder of a certificate of registration issued under this chapter, which the Director revoked, suspended, or refused to renew.
(3)Has failed to furnish satisfactory evidence of good character, reputation, and fitness.
(4)With respect to the registrant, is not the true owner of the telemarketing business, except in the case of a franchise.
(5)Is in violation of or has violated any of the following statutes or regulations promulgated under these statutes:
a. This chapter.
b. The equivalent law of any other state applicable to sellers, telemarketers, and telemarketing businesses.
c. The Act of Congress entitled the “Telemarketing and Consumer Fraud and Abuse Prevention Act” (15 U.S.C. §§ 6101-6108).
(6)Has been convicted of or pled guilty to or is being prosecuted in any jurisdiction for racketeering, violation of state or federal securities laws, theft, fraud, forgery, or any other offense involving falsehood or deception.
(7)Has been subject to any pending or final cease and desist order, assurance of discontinuance, injunction, restraining order, or judgment under this chapter or Chapter 25 of this title or in any other civil or administrative action in any other jurisdiction involving telemarketing, consumer or securities fraud, deceptive trade practices, racketeering, or any other civil enforcement statute involving fraud or deception.
(8)Has had a license or registration to engage in any business, occupation, or profession suspended or revoked in any jurisdiction which may impact upon the registrant’s fitness for registration under this section.
(9)Has committed or is committing deceptive, unfair, illegal, or unconscionable trade practices in violation of the laws of this State, any other state, or the United States.
(c)The Director or the Director’s designee may not enter an order under subsection
(b)of this section without first providing the parties with all of the following:
(1)Appropriate prior notice to the registrant.
(2)Opportunity for a hearing.
(3)Written findings of fact and conclusions of law.
(d)The Director or the Director’s designee shall control the procedures and the conduct of the parties at a hearing under this section.