13-42-134. Suspension, revocation, or nonrenewal of registration.

461 words·~2 min read·/ut/title-13/chapter-42/13-42-134

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)In this section, "insolvent" means a provider:

(a)ceases to pay debts in the ordinary course of business other than as a result of good-faith dispute;

(b)is unable to pay debts as the debts become due; or

(c)is insolvent within the meaning of the federal bankruptcy law, 11 U.S.C. Sec. 101 et seq.

(2)The division may suspend, revoke, or deny renewal of a provider's registration if:

(a)a fact or condition exists that, if the fact or condition had existed when the registrant applied for registration as a provider, would have been a reason for the division denying the registration;

(b)the provider commits a material violation of this chapter or a rule or order of the division under this chapter;

(c)the provider is insolvent;

(d)the provider, an employee or affiliate of the provider, a lead generator for the provider, a person administering an account for the provider in accordance with Subsection 13-42-122(2) , or a person to which the provider delegates the provider's obligations under an agreement or this chapter:

(i)refuses to permit the division to make an examination authorized by this chapter;

(ii)fails to comply with Subsection 13-42-132(2)(b) no later than 15 days after the day on which the division makes a request in accordance with Section 13-42-132 ; or

(iii)makes a material misrepresentation or omission in complying with Subsection 13-42-132(2)(b) ; or

(e)the provider fails to respond within a reasonable time and in an appropriate manner to a communication from the division.

(3)If a provider becomes insolvent, the provider shall continue to provide debt-management services to an individual with whom the provider has an agreement until:

(a)with the division's approval, the provider transfers the agreement to another registered provider; or

(b)the provider returns to the individual all unexpended money that is under the provider's control.

(4)If a provider fails to comply with Subsection 13-42-122(8) or if the division otherwise finds that the public health or safety or general welfare requires emergency action, the division may order a summary suspension of the provider's registration, effective on the date the division specifies in the order.

(5)If the division suspends, revokes, or denies renewal of the registration of a provider, the division may seek a court order authorizing seizure of any or all of the money in a trust account required by Section 13-42-122 , books, records, accounts, and other property of the provider which are located in this state.

(6)If the division suspends or revokes a provider's registration, the provider may appeal and request a hearing in accordance with Title 63G, Chapter 4, Administrative Procedures Act .

Amended by Chapter 95 , 2026 General Session