§ 53-248. Registration procedure; informal hearing. - North Carolina Statutes

§53‑248.  Registration procedure; informal hearing.

(a)        InitialRegistration. An application to become registered as a facilitator shall be inwriting, under oath, and in a form prescribed by the Commissioner. Theapplication shall contain all information prescribed by the Commissioner. Eachapplication for registration shall be accompanied by a fee, payable to theCommissioner, of two hundred fifty dollars ($250.00) for each office where theregistrant intends to facilitate refund anticipation loans.

Upon the filing of anapplication for registration, if the Commissioner finds that the responsibilityand general fitness of the applicant are such as to command the confidence ofthe community and to warrant belief that the business of facilitating refund anticipationloans will be operated within the purposes of this Article, the Commissionershall register the applicant as a facilitator of refund anticipation loans andshall issue and transmit to the applicant a certificate attesting to theregistration. If the Commissioner does not so find, he shall not register theapplicant and shall notify the applicant of the reasons for the denial.

Upon receipt of a certificateof registration, the applicant is registered under this Article and may engagein the business of facilitating refund anticipation loans at the officesidentified on the application for registration.

(b)        Renewal. Eachregistration as a facilitator of refund anticipation loans shall expire onDecember 31 following the date it was issued, unless it is renewed for thesucceeding year. Before the registration expires, the registrant may renew theregistration by filing with the Commissioner an application for renewal in theform and containing all information prescribed by the Commissioner. Each applicationfor renewal of registration shall be accompanied by a fee of one hundreddollars ($100.00) for each office where the registrant intends to facilitaterefund anticipation loans during the succeeding year.

Upon the filing of anapplication for renewal of registration under this Article, the Commissionershall renew the registration unless the Commissioner determines that thefitness of the registrant or the operations of the registrant would not supportregistration of the registrant under subsection (a). If the Commissioner makessuch a determination, he shall so notify the registrant, stating the reasonsfor the determination.

(c)        Display ofCertificate. Each registrant shall prominently display a certificate issuedunder this Article in each place of business in the State where the registrantfacilitates the making of refund anticipation loans.

(d)        Within five days ofreceipt of the Commissioner's notice, as required by subsections (a) and (b) ofthis section, the applicant may make written demand of the Commissioner for ahearing. The hearing before the Commissioner shall be an informal hearing andshall be held with reasonable promptness. (1989 (Reg. Sess., 1990), c.881, s. 2; 1995, c. 129, s. 39.)