13-22-12 - Grounds for denial, suspension, or revocation.
13-22-12. Grounds for denial, suspension, or revocation.
(1) The director may, in accordance with Title 63G, Chapter 4, AdministrativeProcedures Act, issue an order to deny, suspend, or revoke an application, registration, permit, orinformation card, upon a finding that the order is in the public interest and that:
(a) the application for registration or renewal is incomplete or misleading in any materialrespect;
(b) the applicant or registrant or any officer, director, agent, or employee of the applicantor registrant has:
(i) violated this chapter or committed any of the prohibited acts and practices describedin this chapter;
(ii) been enjoined by any court, or is the subject of an administrative order issued in thisor another state, if the injunction or order includes a finding or admission of fraud, breach offiduciary duty, material misrepresentation, or if the injunction or order was based on a finding oflack of integrity, truthfulness, or mental competence of the applicant;
(iii) been convicted of a crime involving moral turpitude;
(iv) obtained or attempted to obtain a registration or a permit by misrepresentation;
(v) materially misrepresented or caused to be misrepresented the purpose and manner inwhich contributed funds and property will be used in connection with any solicitation;
(vi) caused or allowed any paid solicitor to violate any rule made or order issued underthis chapter by the division;
(vii) failed to take corrective action with its solicitors who have violated this chapter orcommitted any of the prohibited acts and practices of this chapter;
(viii) used, or attempted to use a name that either is deceptively similar to a name usedby an existing registered or exempt charitable organization, or appears reasonably likely to causeconfusion of names;
(ix) failed to timely file with the division any report required in this chapter or by rulesmade under this chapter; or
(x) failed to pay a fine imposed by the division in accordance with Section 13-22-3; or
(c) the applicant for registration or renewal has no charitable purpose.
(2) The director may, in accordance with Title 63G, Chapter 4, AdministrativeProcedures Act, issue an order to revoke or suspend a claim of exemption filed under Subsection13-22-8(4), upon a finding that the order is in the public interest and that:
(a) the notice of claim of exemption is incomplete or false or misleading in any materialrespect; or
(b) any provision of this chapter, or any rule made or order issued by the division underthis chapter has been violated in connection with a charitable solicitation by any exemptorganization.
Amended by Chapter 382, 2008 General Session