23.19.503    FORMS AND PROCEDURES FOR REGISTRATION RENEWAL

(1) The renewal application will be similar to the initial application and process with the following changes:

(a) Registrant shall note on the application that the surety bond, certificate of deposit, cash or government bond was submitted to the department with the initial application. Applicant will provide proof of payment with the renewal application.

(b) In the event the certificate of deposit needs to be renewed prior to one year, it will be released by the department to be renewed with the applicant's financial institution's verification. The department must be named as the owner of the certificate of deposit at all times that the telemarketer operates in Montana.

(c) Failure to fully complete the renewal application on or before December 31st will result in the renewal application being deemed null and void and the lapse of registration. All items must be completed on the renewal application. No photocopied applications from the prior year will be accepted.

(d) All signatures on the renewal application must be current and dated.

(2) All applications for the renewal of registration must be satisfactorily completed on or before December 31st of each year. The department will mail the renewal notices and accompanying renewal forms to registrants approximately two months in advance of expiration allowing time for registrant to complete the form.

(3) If the registrant does not renew, he or she must use a form attached to the application stating that he or she will cease to operate in this state as a telemarketer/seller under the Act.

(4) The registrant may cease to operate his or her telemarketing business at any time by providing the department with written notice that he or she no longer engages in telemarketing activities in the state of Montana.

(5) One year after the date the registrant ceases to operate its telemarketing business in this state, the registrant shall request in writing to the department to release its financial responsibility utilizing the form provided by the department.

(6) The registrant must complete a notarized "release of financial responsibility" form provided by the department containing an affirmative statement by the registrant that no claims exist against the telemarketing business by any person.

(7) After any and all consumer claims are resolved to the satisfaction of the department, or one year has passed since the registrant has ceased telemarketing business in the state, whichever occurs later, then the financial responsibility or portion thereof if any, will be returned to the registrant.

(8) The forms prescribed by the department may be obtained from the Consumer Protection Office, Department of Justice, Telemarketing Section, 2225 Eleventh Avenue, P.O. Box 200151, Helena, MT 59620-0151.

History: 30-14-1402, MCA; IMP, 30-14-1404, MCA; NEW, 2000 MAR p. 1501, Eff. 6/16/00; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.