(1) A credit services organization shall file an application for registration with the division before engaging in any activity regulated by this chapter. (2) The credit services organization shall include in the application described in Subsection (1): (a) the name, mailing and physical address, and telephone number of the credit services organization; (b) the name of a person that owns or controls more than 5% of the credit services organization, either directly or through another person or entity; (c) the name of any individual who is responsible for the day-to-day operation of the credit services organization; (d) the credit service organization's registered agent for service of process in the state, and the registered agent's: (i) name; (ii) street address; (iii) mailing address; and (iv) telephone number; (e) (i) the case title, docket number, the names and addresses of all parties, and a detailed explanation of any administrative, civil, or criminal action in which the organization or any person identified in Subsection (2)(b) or (c) is a party to an administrative, civil, or criminal action that arose in this state or any other jurisdiction involving the offer to provide or the provision of services described in Subsection 13-21-101(5)(a); or (ii) an unsworn declaration made in accordance with Title 78B, Chapter 18a, Uniform Unsworn Declarations Act, made by the credit services organization's chief executive officer or principal that neither the organization nor any person identified in Subsection (2)(b) or (c) is a party to any administrative, civil, or criminal action described in Subsection (2)(e)(i); (f) a detailed outline of the credit services organization's credit services program that the credit services organization will offer in this state; (g) a copy of any contract and other document that the credit services organization requires the consumer to sign; (h) a registration fee determined by the division; and (i) any information that the division requires by rule made in accordance with Title 63G, Chapter 3, Administrative Rulemaking Act. (3) A credit services organization shall update registration information within 30 days after the day on which any information the credit services organization provided on the application described in Subsection (1) becomes incorrect or incomplete. (4) In accordance with Chapter 2, Division of Consumer Protection, and Title 63G, Chapter 4, Administrative Procedures Act, the division may initiate adjudicative proceedings to deny, suspend, or revoke an application or registration if: (a) the division finds that the denial, suspension, or revocation is in the public interest; and (b) (i) the registration is incomplete, false, or misleading; or (ii) the applicant or applicant's principal: (A) violates, causes a violation, allows a violation, or fails to satisfy the requirements of a provision of this chapter or a rule made by the division in accordance with this chapter; (B) violates Chapter 11, Utah Consumer Sales Practices Act; (C) is enjoined by a court; (D) is the subject of an administrative or judicial order issued in Utah or another state, if the order includes a finding or admission of fraud, breach of fiduciary duty, or material representation or the order was based on a finding of a lack of integrity, truthfulness, or mental competence; (E) is convicted of a crime involving theft, fraud, or dishonesty; (F) obtains or attempts to obtain a registration by misrepresenting a material fact; (G) fails to provide information that the division requests; (H) fails to pay an administrative fine imposed by the division or an administrative or a judicial order; or (I) fails to pay the fee to file a registration application or a renewal application. (5) To renew a registration, a credit services organization shall submit a registration application at least 30 days before the day on which the credit service organization's current registration expires. (6) A credit services organization's registration is effective for one year after the day on which the division issues the credit services organization's registration. (7) A credit services organization obtaining a registration in accordance with this section does not constitute an approval or endorsement of the credit services organization by the division or the state. Renumbered and Amended by Chapter 95, 2026 General Session
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