Grounds for denial, suspension, and revocation of license

(a) The department may suspend or revoke a license if it finds that any ground exists which would require or warrant the denial of an application for the issuance or renewal of a license. (b) The department may deny an application or suspend or revoke a license upon a finding that an applicant or a licensee has: (1) Committed any fraud, engaged in any dishonest activities, or made any misrepresentation; 672 7-3-44 (2) Violated any provision of this chapter, any rule, regulation, or order issued by the department pursuant to this chapter, or any other law in the course of its business of making installment loans; (3) Made a false statement or failed to give a true reply in an application; (4) Demonstrated incompetency or untrustworthiness to act as an installment lender; (5) Failed to pay within 30 days after it became final a judgment recovered in any court in an action arising out of the licensee’s business of making installment loans; (6) Purposely withheld, deleted, destroyed, or altered information requested by the department or made misrepresentations to the department; (7) Operated in an unsafe or unsound manner; or (8) Failed or refused to remit the fee required by Code Section 7-3-16 within the required time period. (c) The department shall not issue a license and shall revoke a license if it determines that the applicant or licensee is not financially sound or responsible or not able to engage in the business of making installment loans in an honest, fair, and efficient manner and with the confidence and trust of the community. (d) The department shall not issue a license and may suspend or revoke a license if an applicant or licensee was subject to, or employs any person subject to, a final cease and desist order or license revocation under this chapter within the preceding five years. Each applicant or licensee shall, before hiring an employee, examine the Nationwide Multistate Licensing System and Registry to determine that such employee is not subject to a cease and desist order or license revocation. (e) The department shall not issue a license and may suspend or revoke a license if it finds that any owner, director, trustee, or executive officer of the applicant or licensee has been in one or more of those roles for a licensee whose application has been denied or revoked or suspended within the preceding five years. History. Code 1981, § 7-3-43, enacted by Ga. L. 2020, p. 156, § 2/SB 462; Ga. L. 2022, p. 220, § 45/HB 891. Amendments. The 2022 amendment, effective July 1, 2022, substituted “fee” for “tax” in paragraph (b)(8). 7-3-44. Denial, suspension, and revocation of license; notice; hearings; review; effect. (a) Notice of the department’s intention to enter an order denying an 673 7-3-45 application or suspending or revoking a license shall be sent to the applicant or licensee in writing by registered or certified mail or statutory overnight delivery addressed to the principal business address of such applicant or licensee. If a person refuses to accept service of such notice, the notice shall be served by the department under any other method of lawful service, and the person shall be liable to the department for a sum equal to the actual costs incurred to serve the notice. Such liability shall be paid upon notice and demand by the department and shall be assessed and collected in the same manner as other fees or fines administered by the department. (b) Within 20 days of the date of the notice issued pursuant to subsection (a) of this Code section, the applicant or licensee may request in writing a hearing to contest the order. If no such hearing is requested, the department shall enter a final order stating the grounds for the denial, suspension, or revocation. Such final order shall be effective on the date of issuance, and the department shall promptly mail a copy thereof to the principal business address of such applicant or licensee. (c) A decision by the department denying an application for licensure or an order of the department suspending or revoking a license shall be subject to review in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” except that judicial review shall be available solely in the superior court of the county of domicile of the department. (d) The department may pursue any administrative action initiated under this chapter against an applicant or licensee to its conclusion, regardless of whether the applicant or licensee withdraws its application or whether a licensee does not renew or surrenders its license. (e) The suspension, revocation, or expiration of a license shall not alter, ameliorate, or void the duties, defenses, and liabilities of either a borrower or a licensee under any existing agreement or contract entered into by the licensee prior to such suspension, revocation, or expiration. History. Code 1981, § 7-3-44, enacted by Ga. L. 2020, p. 156, § 2/SB 462. 7-3-45. Cease and desist orders; hearings; review.