47-18-5511 - Renewal of registration. [Effective July 1, 2010.] - Tennessee Statutes

47-18-5511. Renewal of registration.   [Effective July 1, 2010.]

(a)  A provider must obtain a renewal of its registration annually.

(b)  An application for renewal of registration as a provider must be in a form prescribed by the administrator, signed under oath; and:

     (1)  Be filed no fewer than thirty (30) and no more than sixty (60) days before the registration expires;

     (2)  Be accompanied by the fee established by the administrator and the bond required by § 47-18-5513;

     (3)  Contain the matter required for initial registration as a provider by § 47-18-5506(8) and (9) and a financial statement, audited by an accountant licensed to conduct audits, for the applicant's fiscal year immediately preceding the application;

     (4)  Disclose any changes in the information contained in the applicant's application for registration or its immediately previous application for renewal, as applicable. If an application is otherwise complete and the applicant has made 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 renewal of registration. The temporary renewal shall expire no later than one hundred eighty (180) days after issuance;

     (5)  Supply evidence of insurance in an amount equal to the larger of two hundred fifty thousand dollars ($250,000) or the highest daily balance in the trust account required by § 47-18-5522 during the six-month period immediately preceding the application:

          (A)  Against risks of dishonesty, fraud, theft and other misconduct on the part of the applicant or a director, employee or agent of the applicant;

          (B)  Issued by an insurance company authorized to do business in this state and rated at least “A” or equivalent by a nationally recognized rating organization approved by the administrator;

          (C)  With a deductible not exceeding five thousand dollars ($5,000);

          (D)  Payable for the benefit of the applicant, this state and individuals who are residents of this state, as their interests may appear; and

          (E)  Not subject to cancellation by the applicant or the insurer until sixty (60) days after written notice has been given to the administrator;

     (6)  Disclose the total amount of money received by the applicant pursuant to plans during the preceding twelve (12) months from or on behalf of individuals who reside in this state and the total amount of money distributed to creditors of those individuals during that period;

     (7)  Disclose, to the best of the applicant's knowledge, the gross amount of money accumulated during the preceding twelve (12) months pursuant to plans by or on behalf of individuals who reside in this state and with whom the applicant has agreements; and

     (8)  Provide any other information that the administrator reasonably requires to perform the administrator's duties under this section.

(c)  Except for the information required by § 47-18-5506(7), (14) and (17) and the addresses required by § 47-18-5506(4), the administrator shall make the information in an application for renewal of registration as a provider available to the public.

(d)  If a registered provider files a timely and complete application for renewal of registration, the registration remains effective until the administrator, in a record, notifies the applicant of a denial and states the reasons for the denial.

(e)  If the administrator denies an application for renewal of registration as a provider, the applicant, within thirty (30) days after receiving notice of the denial, may appeal and request a hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. Subject to § 47-18-5534, while the appeal is pending, the applicant shall continue to provide debt-management services to individuals with whom it has agreements. If the denial is affirmed, subject to the administrator's order and § 47-18-5534, the applicant shall continue to provide debt-management services to individuals with whom it has agreements until, with the approval of the administrator, it transfers the agreements to another registered provider or returns to the individuals all unexpended money that is under the applicant's control.

[Acts 2009, ch. 469, § 1.]