Section 7907. Registration of providers  


Latest version.
  • (a)  No  person shall act as a
      provider pursuant to this  article  without  having  first  obtained  an
      approval  of  a  registration  to  do  so  from  the superintendent. The
      application for approval of registration  shall  contain  the  following
      information;
        (1) the name and address of the principal office of the provider;
        (2)  the  name  and  address  of  the  providers' agent for service of
      process in this state, if other than the provider;
        (3) the identities of the provider's  executive  officer  or  officers
      directly responsible for such provider's service contract business, and,
      if more than fifty percent of the provider's revenue is derived from the
      sale  of  service  contracts, the identities of the provider's directors
      and stockholders having beneficial ownership of five percent or more  of
      any class of securities registered under the federal securities law;
        (4)  the  name,  location  and  telephone number of any administrators
      designated by the provider to be responsible for the  administration  of
      service contracts in this state, together with an acknowledgment by each
      such  administrator  (who  is  not  employed  by  the  provider) of such
      administrator's obligations under this article;
        (5) a statement indicating  under  subsection  (c)  of  section  seven
      thousand nine hundred three of this article the provider qualifies to do
      business as a service contract provider in this state.
        (b)  The registration application shall be accompanied by a fee of two
      hundred fifty dollars for each year or fraction of a year in  which  the
      registration shall be in effect.
        (c)  A  provider  shall  keep  current  the information required to be
      disclosed in its  registration  under  this  section  by  reporting  all
      material  changes  or  additions within thirty days after the end of the
      month in which the provider learns of such change or addition.
        (d) The superintendent shall render a determination on the application
      for registration within forty-five days of the  date  of  filing.    The
      superintendent  may  not approve the application for registration if the
      provider is not trustworthy  or  has  otherwise  given  cause  that  the
      superintendent  determines  that  to approve such registration would not
      promote the health, safety and welfare of the public.  In the event  the
      registration  application is disapproved, the superintendent shall state
      the reason or  reasons  therefor.  In  the  event  the  application  was
      incomplete,  the applicant may file an amended registration application.
      The superintendent shall render a decision on  the  amended  application
      within thirty days of receipt thereof.
        (e)  The  registration  shall  continue  in  force  until suspended or
      revoked by the superintendent on the grounds that the  provider  is  not
      trustworthy  or  has violated any provision of this chapter or has given
      cause for the revocation or  suspension  of  such  registration  or  the
      provider  has failed to comply with any prerequisite for the issuance of
      such  registration  approved,  or  terminated  at  the  request  of  the
      provider, subject, however, to the biennial renewal of the registration,
      by  filing  a  renewal  application and payment, prior to March first of
      each odd numbered year following that in which its original registration
      application is filed, of a fee of five hundred dollars.
        (f) Except for the registration requirement in this section, providers
      and administrators of service contracts are exempt  from  any  licensing
      requirements.
        (g) The biennial renewal application shall contain such information as
      required by the superintendent including, but not limited to information
      to  demonstrate that the applicant continues to satisfy all requirements
      of section seven thousand nine hundred three of this article.