§ 59.1-323. Denial, suspension, or revocation of registration; hearing;summary action.
A. The Commissioner may deny an application for registration of a membershipcamping operator or may suspend, or revoke such registration if theCommissioner finds that such action is necessary for the protection ofpurchasers or prospective purchasers or that any one of the following is true:
1. The membership camping operator has failed to comply with any provision ofthis chapter that materially affects the rights of purchasers, prospectivepurchasers or owners of membership camping contracts.
2. The membership camping operator's offering or execution of membershipcamping contracts is fraudulent.
3. The membership camping operator's application for registration or anyamendment thereto is incomplete in any respect.
4. The membership camping operator has failed to file timely amendments tothe application for registration or meet any other requirement of § 59.1-318of this chapter.
5. The membership camping operator has represented or is representing topurchasers in connection with the offer to sell membership camping contractsthat a particular facility or facilities are planned without reasonableexpectation that such facility will be completed within a reasonable time, orwithout the apparent means to ensure its completion.
6. The membership camping operator has permanently withdrawn from use all orany substantial portion of any campground and that (i) no adequate provisionhas been made to provide a substitute campground of comparable quality andattraction in the same general area within a reasonable time after suchwithdrawal, and (ii) the rights of all purchasers at the affected locationhave not expired, and (iii) the Commissioner has found that the withdrawal isconsistent with the protection of purchasers. Notwithstanding the foregoing,a membership camping operator may reserve the right to withdraw permanentlyfrom use all or any portion of a campground devoted to membership camping if,after the membership camping operator first represents to purchasers that thecampground is or will be available for camping, the specific date upon whichthe withdrawal becomes effective is disclosed in writing to all purchasers ator prior to the time the membership camping contract is executed.
7. The membership camping operator has made any representation in anydocument or information filed with the Commissioner which is false ormisleading.
8. The membership camping operator has engaged or is engaging in any unlawfulact or practice.
9. The membership camping operator has disseminated or caused to bedisseminated, any false or misleading promotional materials in connectionwith a campground.
10. The membership camping operator does not have a reasonable ability todischarge the obligations imposed upon him by any membership camping contract.
B. Except as provided in subsection C of this section, before denying,suspending or revoking a registration, as provided in subsection A of thissection, the Commissioner shall issue to the membership camping operator anotice of opportunity for a hearing to consider the denial, suspension, orrevocation.
C. If the Commissioner finds that the public health, safety or welfarerequires emergency action and incorporates this finding in his order, theCommissioner may summarily deny, suspend or revoke a registration. Themembership camping operator shall be given an opportunity within ten daysafter entry of such an order to appear before the Commissioner and show causewhy the summary order should not remain in effect. If good cause is shown,the Commissioner shall vacate the summary order. If good cause is not shown,the summary order shall remain in effect. The membership camping operatorshall have fifteen days thereafter within which to request a hearing, or theCommissioner may within thirty days thereafter set the matter for a hearing.
§ 59.1-323. Denial, suspension, or revocation of registration; hearing;summary action.
A. The Commissioner may deny an application for registration of a membershipcamping operator or may suspend, or revoke such registration if theCommissioner finds that such action is necessary for the protection ofpurchasers or prospective purchasers or that any one of the following is true:
1. The membership camping operator has failed to comply with any provision ofthis chapter that materially affects the rights of purchasers, prospectivepurchasers or owners of membership camping contracts.
2. The membership camping operator's offering or execution of membershipcamping contracts is fraudulent.
3. The membership camping operator's application for registration or anyamendment thereto is incomplete in any respect.
4. The membership camping operator has failed to file timely amendments tothe application for registration or meet any other requirement of § 59.1-318of this chapter.
5. The membership camping operator has represented or is representing topurchasers in connection with the offer to sell membership camping contractsthat a particular facility or facilities are planned without reasonableexpectation that such facility will be completed within a reasonable time, orwithout the apparent means to ensure its completion.
6. The membership camping operator has permanently withdrawn from use all orany substantial portion of any campground and that (i) no adequate provisionhas been made to provide a substitute campground of comparable quality andattraction in the same general area within a reasonable time after suchwithdrawal, and (ii) the rights of all purchasers at the affected locationhave not expired, and (iii) the Commissioner has found that the withdrawal isconsistent with the protection of purchasers. Notwithstanding the foregoing,a membership camping operator may reserve the right to withdraw permanentlyfrom use all or any portion of a campground devoted to membership camping if,after the membership camping operator first represents to purchasers that thecampground is or will be available for camping, the specific date upon whichthe withdrawal becomes effective is disclosed in writing to all purchasers ator prior to the time the membership camping contract is executed.
7. The membership camping operator has made any representation in anydocument or information filed with the Commissioner which is false ormisleading.
8. The membership camping operator has engaged or is engaging in any unlawfulact or practice.
9. The membership camping operator has disseminated or caused to bedisseminated, any false or misleading promotional materials in connectionwith a campground.
10. The membership camping operator does not have a reasonable ability todischarge the obligations imposed upon him by any membership camping contract.
B. Except as provided in subsection C of this section, before denying,suspending or revoking a registration, as provided in subsection A of thissection, the Commissioner shall issue to the membership camping operator anotice of opportunity for a hearing to consider the denial, suspension, orrevocation.
C. If the Commissioner finds that the public health, safety or welfarerequires emergency action and incorporates this finding in his order, theCommissioner may summarily deny, suspend or revoke a registration. Themembership camping operator shall be given an opportunity within ten daysafter entry of such an order to appear before the Commissioner and show causewhy the summary order should not remain in effect. If good cause is shown,the Commissioner shall vacate the summary order. If good cause is not shown,the summary order shall remain in effect. The membership camping operatorshall have fifteen days thereafter within which to request a hearing, or theCommissioner may within thirty days thereafter set the matter for a hearing.
§ 59.1-323. Denial, suspension, or revocation of registration; hearing;summary action.
A. The Commissioner may deny an application for registration of a membershipcamping operator or may suspend, or revoke such registration if theCommissioner finds that such action is necessary for the protection ofpurchasers or prospective purchasers or that any one of the following is true:
1. The membership camping operator has failed to comply with any provision ofthis chapter that materially affects the rights of purchasers, prospectivepurchasers or owners of membership camping contracts.
2. The membership camping operator's offering or execution of membershipcamping contracts is fraudulent.
3. The membership camping operator's application for registration or anyamendment thereto is incomplete in any respect.
4. The membership camping operator has failed to file timely amendments tothe application for registration or meet any other requirement of § 59.1-318of this chapter.
5. The membership camping operator has represented or is representing topurchasers in connection with the offer to sell membership camping contractsthat a particular facility or facilities are planned without reasonableexpectation that such facility will be completed within a reasonable time, orwithout the apparent means to ensure its completion.
6. The membership camping operator has permanently withdrawn from use all orany substantial portion of any campground and that (i) no adequate provisionhas been made to provide a substitute campground of comparable quality andattraction in the same general area within a reasonable time after suchwithdrawal, and (ii) the rights of all purchasers at the affected locationhave not expired, and (iii) the Commissioner has found that the withdrawal isconsistent with the protection of purchasers. Notwithstanding the foregoing,a membership camping operator may reserve the right to withdraw permanentlyfrom use all or any portion of a campground devoted to membership camping if,after the membership camping operator first represents to purchasers that thecampground is or will be available for camping, the specific date upon whichthe withdrawal becomes effective is disclosed in writing to all purchasers ator prior to the time the membership camping contract is executed.
7. The membership camping operator has made any representation in anydocument or information filed with the Commissioner which is false ormisleading.
8. The membership camping operator has engaged or is engaging in any unlawfulact or practice.
9. The membership camping operator has disseminated or caused to bedisseminated, any false or misleading promotional materials in connectionwith a campground.
10. The membership camping operator does not have a reasonable ability todischarge the obligations imposed upon him by any membership camping contract.
B. Except as provided in subsection C of this section, before denying,suspending or revoking a registration, as provided in subsection A of thissection, the Commissioner shall issue to the membership camping operator anotice of opportunity for a hearing to consider the denial, suspension, orrevocation.
C. If the Commissioner finds that the public health, safety or welfarerequires emergency action and incorporates this finding in his order, theCommissioner may summarily deny, suspend or revoke a registration. Themembership camping operator shall be given an opportunity within ten daysafter entry of such an order to appear before the Commissioner and show causewhy the summary order should not remain in effect. If good cause is shown,the Commissioner shall vacate the summary order. If good cause is not shown,the summary order shall remain in effect. The membership camping operatorshall have fifteen days thereafter within which to request a hearing, or theCommissioner may within thirty days thereafter set the matter for a hearing.
