Section 16-1308. DENIAL, SUSPENSION, OR REVOCATION OF REGISTRATION

 

1308.1Whenever the Director finds, after notice and hearing as required by this section, that a person to whom a certificate of registration has been issued has violated or is violating any of the provisions of the Act or this chapter, or that any registrant, promoter, or solicitor has misrepresented the purpose of the solicitation, the Director may revoke or suspend the certificate of registration of the registrant.

 

1308.2Prior to refusing to issue a certificate of registration, the Director shall, by written notice, afford the applicant for the issuance of the certificate an opportunity to show cause, at an open hearing to be conducted by the Director, why the issuance of the certificate should not be denied

 

1308.3Prior to suspending or revoking a certificate of registration, the Director shall, by written notice, afford the registrant an opportunity to show cause, at an open hearing to be conducted by the Director, why the certificate should not be suspended or revoked.

 

1308.4The notice of denial, suspension, or revocation shall include the following:

 

(a)A statement of the reason for the Director's proposed refusal to issue, or proposed suspension or revocation of the certificate;

 

(b)Allowance of a reasonable time, not to exceed ten (10) days, within which the applicant for a certificate or the registrant, may show cause why the application should not be denied, or why the certificate should not be suspended or revoked;

 

(c)Specification of the date, time, and place of the open hearing to be granted to the applicant or registrant;

 

(d)A statement that the applicant or registrant may be represented by an attorney; may testify on his or her own behalf; may present witnesses, evidence, and argument; and may cross-examine any witnesses against the applicant or registrant; and

 

(e)The signature of the Director or designated agent.

 

1308.5The notice under § 1308.4 shall be deemed to have been properly served upon an applicant for the issuance of a certificate of registration, or upon a registrant, as the case may be, as follows:

 

(a)If a copy of the notice is personally delivered to the applicant or registrant;

 

(b)If a copy is left at the usual place of business or usual residence of the applicant or registrant with a person over the age of sixteen (16) years who is then employed in that place of business or resides in that residence; or

 

(c)If a copy is mailed postage prepaid to the last known address of the applicant or registrant.