47-18-5509 - Issuance or denial of certificate of registration. [Effective July 1, 2010.] - Tennessee Statutes

47-18-5509. Issuance or denial of certificate of registration. [Effective July 1, 2010.]

 

     (a)  Except as otherwise provided in subsections (c) and (d), the administrator shall issue a certificate of registration as a provider to a person that complies with §§ 47-18-5505 and 47-18-5506.

     (b)  If an applicant has otherwise complied with §§ 47-18-5505 and 47-18-5506, including a timely effort to obtain the information required by § 47-18-5506(14), but the information has not been received, the administrator may issue a temporary certificate of registration. The temporary certificate shall expire no later than one hundred eighty (180) days after issuance.

     (c)  The administrator may deny registration if:

          (1)  The application contains information that is materially erroneous or incomplete;

          (2)  An officer, director or owner of the applicant has been convicted of a crime or suffered a civil judgment involving dishonesty or the violation of state or federal securities laws;

          (3)  The applicant or any of its officers, directors or owners has defaulted in the payment of money collected for others;

          (4)  The application is not accompanied by the fee established by the administrator; or

          (5)  The administrator finds that the financial responsibility, experience, character or general fitness of the applicant or its owners, directors, employees or agents does not warrant belief that the business will be operated in compliance with this part.

     (d)  The administrator shall deny registration if, with respect to an applicant that is organized as a not-for-profit entity or has obtained tax-exempt status under the Internal Revenue Code, 26 U.S.C. § 501, the applicant's board of directors is not independent of the applicant's employees and agents.

     (e)  Subject to adjustment of the dollar amount pursuant to § 47-18-5532(f), a board of directors is not independent for purposes of subsection (d) if more than one fourth (¼) of its members:

          (1)  Are affiliates of the applicant, as defined in § 47-18-5502(2)(A) or (2)(B)(i), (ii), (iv), (v), (vi) or (vii); or

          (2)  After the date ten (10) years before first becoming a director of the applicant, were employed by or directors of a person that received from the applicant more than twenty-five thousand dollars ($25,000) in either the current year or the preceding year.

[Acts 2009, ch. 469, § 1.]