§ 5-61-3.2 - Other grounds for denial of registration.
SECTION 5-61-3.2
§ 5-61-3.2 Other grounds for denial ofregistration. – The department may delay, reject or revoke a registration if the departmentfinds that a telephonic seller or any person applying for registration as atelephonic seller, including, but not limited to, owners, operators, officers,directors, partners, or other individuals engaged in the management activitiesof a business entity:
(1) Has been convicted or found guilty of, or has entered aplea of guilty or a plea of nolo contendere to, racketeering or any offenseinvolving fraud, theft, embezzlement, fraudulent conversion, ormisappropriation of property, or any other crime involving moral turpitude;
(2) For purposes of this section, a plea of nolo contendereis a conviction;
(3) Has had entered against him or her or an affiliatedbusiness, an injunction, a temporary restraining order, or a final judgment ororder, including a stipulated judgment or order, an assurance of voluntarycompliance, or any similar document, in any civil or administrative actioninvolving racketeering, a fraud, theft, embezzlement, fraudulent conversion, ormisappropriation of property or the use of any untrue or misleadingrepresentations in an attempt to sell or dispose of real or personal propertyor the use of any unfair, unlawful, or deceptive trade practice;
(4) Is subject to or has been affiliated with any companywhich is, or ever has been, subject to any injunction, temporary restrainingorder, or final judgment or order, including a stipulated judgment or order, anassurance of voluntary compliance, or any similar document, or any restrictivecourt order relating to a business activity as the result of any action broughtby a governmental agency, including any action affecting any license to dobusiness or practice an occupation or trade;
(5) Has at any time during the previous seven (7) years filedfor bankruptcy, been adjudged bankrupt, or been reorganized because ofinsolvency;
(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 thebankruptcy, was adjudged bankrupt, or was reorganized because of insolvencywithin one year after the person held that position;
(7) Has been previously convicted of or found to have beenacting as a salesperson or telephonic seller without a registration or whoseregistration has previously been refused, revoked, or suspended in anyjurisdiction;
(8) Falsifies or willfully omits any material informationasked for in any application, document, or record required to be submitted orretained under this chapter;
(9) Makes a material false statement in response to anyrequest or investigation by the department.
(10) Refuses or fails, after notice, to produce any documentor record or disclose any information required to be produced or disclosedunder this chapter or the rules of the department; or
(11) Otherwise violates or is operating in violation of anyof the provisions of this chapter or of the rules adopted or court ordersissued pursuant to the provisions of this chapter.