Section 37-5B-28 – Administration.

37-5B-28. Administration. The director shall administer this chapter. Source: SL 2008, ch 203, §28.

Section 37-5B-29 – Promulgation of rules.

37-5B-29. Promulgation of rules. The director may promulgate rules pursuant to chapter 1-26 to carry out the provisions of this chapter including forms governing disclosure documents, applications, financial statements, and defining any terms, whether or not used in this chapter, if the definitions are not inconsistent with this chapter. For the purpose of rules the […]

Section 37-5B-3 – Offer or sale not made in state.

37-5B-3. Offer or sale not made in state. An offer to sell is not made in this state solely because the offer appears in a newspaper or other publication of general and regular circulation which had more than two-thirds of its circulation outside this state during the past twelve months or solely because the offer […]

Section 37-5B-30 – Opinions.

37-5B-30. Opinions. The director may, upon request and upon payment of a fee of fifty dollars, respond to requests for interpretive opinions relating to this chapter. Source: SL 2008, ch 203, §30.

Section 37-5B-31 – Filed documents.

37-5B-31. Filed documents. A document is filed when it is received by the director. Source: SL 2008, ch 203, §31.

Section 37-5B-32 – Records of filings and orders.

37-5B-32. Records of filings and orders. The director shall maintain a record which shows the notice filed franchise and for whom filed, and shall specify the conditions, limitations, and restrictions upon the filing, if any, or shall make proper reference to a formal order of the director on file showing the conditions, limitations, and restrictions. […]

Section 37-5B-33 – Public and nonpublic records.

37-5B-33. Public and nonpublic records. Each application, notice and report filed with the director under this chapter is open to public inspection in accordance with rules prescribed by the director. The director may publish information filed with the director or obtained by the director, if, in the judgment of the director, such action is in […]

Section 37-5B-34 – Copies of notice filings and orders.

37-5B-34. Copies of notice filings and orders. The director shall upon request furnish copies to any person, at a reasonable charge, certified under the director’s seal of office if certification is requested, of any notice filing, application and order on file in the director’s office. Any copy so certified is admissible in evidence under chapter […]

Section 37-5B-35 – Investigations.

37-5B-35. Investigations. The director may make such public or private investigations within or outside of this state as the director deems necessary to determine if any person has violated or is about to violate any rule, order, or provision under this chapter or to aid in the enforcement of this chapter and in the prescribing […]

Section 37-5B-36 – Request for information.

37-5B-36. Request for information. The director may make a written request to any person for information concerning any investigation being conducted by the director. Failure to respond fully and completely to such a request within fifteen days after receipt thereof constitutes cause for the issuance of a cease and desist order. Source: SL 2008, ch […]

Section 37-5B-37 – Subpoena powers.

37-5B-37. Subpoena powers. For the purpose of any investigation or proceeding under this chapter, the director or any person designated by the director may administer oaths and affirmations, subpoena witnesses and compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director […]

Section 37-5B-38 – Immunity.

37-5B-38. Immunity. No person is excused from attending and testifying or from producing any document or record before the director, in obedience to a subpoena of the director or any person designated by the director in any proceeding instituted by the director, on the grounds that the testimony or evidence required of the director may […]

Section 37-5B-39 – Unauthorized use of information–Misdemeanor.

37-5B-39. Unauthorized use of information–Misdemeanor. It is a Class 2 misdemeanor for the director or any of the director’s officers or employees to use for personal benefit any information which is filed with or obtained by the director and which is not generally available to the public. Nothing in this chapter authorizes the director or […]

Section 37-5B-4 – Notice filing required.

37-5B-4. Notice filing required. It is unlawful for any person to offer or sell a franchise in this state unless the franchise has properly notice filed under this chapter or is exempt from notice filing pursuant to §§37-5B-12 to 37-5B-15, inclusive. Source: SL 2008, ch 203, §4.

Section 37-5B-40 – Cooperation with other agencies.

37-5B-40. Cooperation with other agencies. To encourage uniformity in franchise matters among the federal government, self-regulatory organizations, states and foreign governments, the director may cooperate with federal, state or foreign agencies or administrators and law enforcement agencies, including: (1)Conducting joint examinations and investigations; (2)Holding joint administrative hearings; (3)Filing and prosecuting joint civil or administrative proceedings; […]

Section 37-5B-41 – Cease and desist orders.

37-5B-41. Cease and desist orders. The director, with or without prior notice or hearing, may issue a cease and desist order and may issue an order denying, suspending, or revoking any notice filing, amendment, or exemption if the director finds: (1)That the applicant, or franchisor or any officer, director, agent, or employee thereof or any […]

Section 37-5B-42 – Order to show cause.

37-5B-42. Order to show cause. As an alternative to the procedure prescribed in §37-5B-41, the director may issue an order to show cause setting a hearing and requiring an applicant, notice filer, franchisor, or other person to appear and show cause why a cease and desist order should not be issued, or why an order […]

Section 37-5B-43 – Civil penalty.

37-5B-43. Civil penalty. The director may impose a civil penalty against a person named in an order issued pursuant to subdivisions (1) to (3), inclusive, and subdivision 37-5B-41(6). The amount of the civil penalty may not exceed five thousand dollars for each act or omission that constitutes the basis for issuing the order. The civil […]

Section 37-5B-44 – Order or request for hearing.

37-5B-44. Order or request for hearing. Upon the entry of an order pursuant to §37-5B-41 without a hearing, the director of the Division of Insurance shall promptly serve a copy of the order upon the subject applicant, franchisor, or other person. The order shall state the reasons for its issuance and shall either order a […]

Section 37-5B-45 – Effect of order without hearing.

37-5B-45. Effect of order without hearing. If no hearing is requested and none is ordered by the director, an order entered pursuant to §37-5B-41 without a hearing shall remain in effect until it is modified or vacated by the director. Source: SL 2008, ch 203, §45.