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5.12.140. Denial, suspension, or revocation of a certificate of registration

            (1)        Denial.  Upon review, the licensing officer shall refuse to issue a certificate to an applicant for any of the following reasons:

                        (a)        The application form is not complete;

                        (b)        The applicant failed to establish proof of identity, provide a BCI background check, or pay the fees;

                        (c)        The completed application or BCI indicates that the applicant has a disqualifying status;

                        (d)        The applicant has previously been denied a certificate by the City, or has had a certificate revoked for grounds that still constitute a disqualifying status under this Chapter; or

                        (e)        The applicant has provided information on the application that is false, incomplete, or incorrect.

                        (f)        The information submitted by the applicant is found to be incomplete or incorrect;

                        (g)        Since the submission of the completed application, the applicant is subject to a previously undisclosed or unknown disqualifying status;

                        (h)        The City has received a substantiated report regarding the past or present conduct of the applicant;

                        (i)         The City or other governmental entity has either criminally convicted or obtained a civil injunction against the applicant for violating this Chapter or similar federal, state, or municipal laws in a manner rising to the level of a disqualifying status; or

                        (j)         A final civil judgment has been entered against the applicant indicating that: (1) the applicant had either engaged in fraud, deceit, false statements, dishonesty, or misrepresentation, or (2) that a debt of the applicant was non-dischargeable in bankruptcy pursuant to 11 U.S.C. 523(a)(2), (a)(4), (a)(6), or (a)(19).

            (2)        Denial of renewal certificate may be based on:

                        (a)        The information submitted by the applicant when seeking renewal of a certificate is found to be incomplete or incorrect;

                        (b)        Since the submission of the renewal application, the applicant is subject to a previously undisclosed or unknown disqualifying status;

                        (c)        Failure to complete payment of the fees;

                        (d)        Since the submission of the application or granting of a certificate, the City has received a substantiated report regarding the past or present conduct of the solicitor;

                        (e)        The City or other governmental entity has either criminally convicted or obtained a civil injunction against the applicant for violating this Chapter or similar federal, state, or municipal laws in a manner rising to the level of a disqualifying status; or

                        (f)        Since the submission of the application, a final civil judgment has been entered against the applicant indicating that: (1) the applicant had either engaged in fraud, deceit, false statements, dishonesty, or misrepresentation, or (2) that a debt of the applicant was non-dischargeable in bankruptcy pursuant to 11 U.S.C. 523(a)(2), (a)(4), (a)(6), or (a)(19).

            (3)        Suspension or revocation.  The City shall either suspend or revoke a certificate when any of the reasons warranting the denial of a certificate occurs.

            (4)        Notice of denial, suspension, or revocation.  Upon determination of the licensing officer to deny an applicant's application or to suspend or revoke a registered solicitor's certificate, the City shall cause written notice to be sent to the applicant or registered solicitor to the address shown in the completed application.  Said mailing constitutes proper notice.  The notice shall specify the grounds for the denial, suspension, or revocation, the documentation or information the City relied on to make the decision, the availability of the documentation for review by applicant upon three (3) business days notice to the City, and the date upon which the denial, suspension, or revocation of the certificate shall take effect.  It shall further state that the applicant or registered solicitor shall have ten (10) business days from the receipt of the notice of denial, suspension, or revocation to appeal the same.  The denial, suspension, or revocation of the certificate shall be effective no sooner than two (2) calendar days from the date the notice is sent, unless that suspension or revocation is based on exigent circumstances, in which case, the suspension is effective immediately.  The denial, suspension, or revocation shall remain effective unless and until the order is rescinded, overturned on appeal, or determined by a court to be contrary to equity or law.  Failure to appeal the suspension of a certificate automatically results in its revocation.


Ord. No. 07-34, Enacted, 10/4/2007

Municipal Code (PDF Format)



 
 
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