§ 5-57-25 - Grounds and procedure for revocation of licenses.
SECTION 5-57-25
§ 5-57-25 Grounds and procedure forrevocation of licenses. – (a) Licenses for alarm businesses may be revoked by the licensing authority inthe manner stated in this section if the licensee or any of its owners,partners, principal corporate officers, or the individual having the authorityand the responsibility for the management and operation of the alarm businesswithin the state are:
(1) Found to have violated any of the provisions of thischapter or any rule or regulation of the licensing authority which violationthe licensing authority determines to reflect unfavorably upon the fitness ofthe licensee to engage in the alarm business;
(2) Found to have knowingly and willfully given any falseinformation of a material nature in connection with an application for alicense or a renewal or reinstatement of a license or in a notice of transferof an alarm business licensed under this chapter;
(3) Found to have been convicted in any jurisdiction of afelony or a misdemeanor if the licensing authority determines that theconviction reflects unfavorably on the fitness of the applicant to engage inthe alarm business; or
(4) Found to have committed any act while the license was notin effect which would be cause for the revocation of a license, or grounds forthe denial of an application for a license of an alarm business.
(b) Prior to revocation of a license, the licensing authorityshall promptly notify the licensee of its intent to issue an order ofrevocation and shall advise the licensee of his or her right to a hearing onthe revocation in accordance with the provisions of the AdministrativeProcedures Act, chapter 35 of title 42.
(c) Within ninety (90) days after the licensee has exhaustedall rights of appeal under the Administrative Procedures Act, or, if thelicensee does not seek a hearing after receipt of a notice of intent to revokefrom the licensing authority, then within sixty (60) days after receipt of thenotice of intent to revoke, the licensee shall notify all of its subscriberswithin the state of that revocation and shall maintain in its records a copy ofthose notices. The licensee shall cease to perform any services for which ithas been licensed under this chapter within sixty (60) days of its receipt ofthe final notice of intent to revoke from the licensing authority.
(d) Under circumstances in which the licensing authoritydetermines that the public health, welfare, or safety may be jeopardized by thetermination of a licensee's services, the licensing authority may upon its ownmotion or upon application by the licensee or any party affected by thattermination extend the time for the termination of the licensee's operations,subject to the reasonable, necessary and proper conditions or restrictions thatit deems appropriate.
(e) After the licensing authority issues a notice of intentto revoke a license, the licensee may request that it be permitted to continueto operate subject to the terms of a written order of consent issued by thelicensing authority, requiring the licensee to correct the conditions stated asgrounds for revocation in the notice of intent to revoke and imposingreasonable conditions and restrictions on the licensee in the conduct of itsbusiness. The licensing authority may in its sole discretion grant or deny arequest and may stay or postpone any proceeding being conducted pursuant tosubsection (b) of this section. Negotiations for a consent order may berequested at any time during revocation proceedings and stay of pendingproceedings during those negotiations are within the sole discretion of thelicensing authority. If revocation proceedings are before a court and thelicensing authority shall submit the proposed order to the court, which mayapprove or disapprove the proposed order or require modification of theproposed consent order before approval.
(f) The licensing authority shall enact reasonable rules andregulations for determination of whether the licensee has complied with aconsent order issued pursuant to subsection (e) of this section. If thelicensing authority determines that the licensee has failed to comply, it mayrevoke that order and conduct proceedings for the revocation of the license. Ifthe consent order is approved by a court, then the licensing authority shallpetition that court for vacation of the order. The court shall hold a hearingto determine if the order should be vacated. If the court vacates the consentorder, the licensing authority may conduct proceedings for revocation of thelicense.