Utah Code 13-22-12. Grounds for denial, suspension, or revocation
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The director may, in accordance with Title 63G, Chapter 4, Administrative Procedures Act, issue an order to deny, suspend, or revoke an applicationor registration, upon a finding that the order is in the public interest and that:
(1) the application for registration or renewal is incomplete or misleading in any material respect;
Terms Used In Utah Code 13-22-12
- Chapter: means a chapter, branch, area, office, or similar affiliate of a charitable organization. See Utah Code 13-22-2
- Director: means the director of the Division of Consumer Protection. See Utah Code 13-22-2
- Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-22-2
- Fiduciary: A trustee, executor, or administrator.
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- solicitation: includes :(5)(b)(i) any of the following done, or purporting to be done, for a charitable purpose:(5)(b)(i)(A) any oral or written request, including any request by telephone, radio, television, or other advertising or communications media;(5)(b)(i)(B) the distribution, circulation, or posting of any handbill, written advertisement, or publication; or(5)(b)(i)(C) an application or other request for a a private grant or, if made by an individual, a public grant; or(5)(b)(ii) the sale of, offer or attempt to sell, or request of donations in exchange for any advertisement, membership, subscription, or other article in connection with which any appeal is made for any charitable purpose, or the use of the name of any charitable organization or movement as an inducement or reason for making any purchase donation, or, in connection with any sale or donation, stating or implying that the whole or any part of the proceeds of any sale or donation will go to or be donated to any charitable purpose. See Utah Code 13-22-2(2) the applicant or registrant or an officer, director, agent, or employee of the applicant or registrant has:(2)(a) violated this chapter or committed a prohibited act or practice described in this chapter;(2)(b) been enjoined by a court, or is the subject of an administrative order issued in this or another state, if the injunction or order includes a finding or admission of fraud, breach of fiduciary duty, material misrepresentation, or if the injunction or order was based on a finding of lack of integrity, truthfulness, or mental competence of the applicant;(2)(c) been convicted of a crime involving fraud, dishonesty, a false statement, forgery, or theft;(2)(d) obtained or attempted to obtain a registration by misrepresentation;(2)(e) materially misrepresented or caused to be misrepresented the purpose and manner in which contributed funds and property will be used in connection with a solicitation;(2)(f) caused or allowed a paid solicitor to violate a rule made or order issued under this chapter by the division;(2)(g) failed to take corrective action with a solicitor that has violated this chapter or committed an act or practice prohibited by this chapter;(2)(h) used, or attempted to use a name that is deceptive or is reasonably likely to cause confusion;(2)(i) failed to timely file with the division a report or information required in this chapter or by rules made under this chapter; or(2)(j) failed to pay a fine imposed by the division in accordance with Section
13-22-3 .