41-2176. Issuance of a license
A. Upon receipt by the deputy director of the nonrefundable fee required by this
article and an application furnishing complete information as required by the deputy
director and upon the applicant taking and passing the applicable examination required by
section 41-2175, the deputy director shall issue a license to the applicant, pending
completion of the background analysis, permitting the applicant to engage in business
pursuant to this article for one year.
B. Pursuant to the agreement for conditional license, the applicant shall agree to
a revocation of the conditional license if it appears, on review of the background
analysis, that the applicant has misrepresented its background. The applicant shall also
agree to waive any right the applicant may have to a stay of the effectiveness of any
order of revocation of the conditional license, the right to notice of hearing and the
right to a hearing before the revocation of the license.
C. The agreement for conditional license does not prohibit the applicant from
making a written demand for a hearing on the order of revocation pursuant to chapter 6,
article 10 of this title. Pending the hearing, the applicant shall not continue to
transact business under the conditional license.
D. On completion of the background analysis, the director may issue either a
permanent or a probationary license, depending on the results of the background analysis.
E. Licenses issued pursuant to this article and any annual renewals shall be signed
by the deputy director or the deputy director's designated representative and by the
licensee. The license is nontransferable and satisfactory evidence of the possession
shall be exhibited by the licensee upon demand. The license held by the licensee shall be
posted in a conspicuous place on the premises where any business is being performed. A
license card shall be carried by the person doing the work away from the premises where
the license is posted. The license number shall be written on any contract entered into
by the licensee.
F. If an application for a license is denied or if the applicant fails to supply
complete and correct required information within ninety days or fails to pass the
required written examination within ninety days after filing or if an application for
renewal is not completed by the expiration date or if any applicant requiring examination
after having been notified by letter of the date to appear fails to appear for the
examination within ninety days from the date of filing the application, the fee paid by
the applicant upon filing the application is forfeited and the application is terminated.
A reapplication for a license shall be accompanied by the fee prescribed by the deputy
director.
G. If, before the issuance of the license, information brought to the attention of
the deputy director concerning the qualifications of the applicant is such that in the
deputy director's discretion it may be proper to deny the license, the deputy director
may notify the applicant that the license is denied and that the applicant may request in
writing a hearing if the applicant so desires.
H. The licensee may not engage in the sale of units, either new or used, unless the
licensee maintains an office where the records are available for inspection and the
location is listed on the license application as the principal place of business.
|