(1) Preliminary determination. If the filer responds within the time period provided in Section 79-39-7, the office shall further evaluate the allegations in the declaration and information in the response. Once complete, the office shall make a preliminary determination regarding whether the filing named in the declaration is fraudulent.
The office may request additional information from the complainant and the filer if necessary to make the preliminary determination.
(2) Notice of preliminary determination. The office shall send notice of the preliminary determination to the complainant and the filer in the manner described under Section 79-39-5. Notice is deemed received in the manner described under Section 79-39-5(3).
(3) Response. After notice is received, the filer shall respond to the preliminary determination within ten (10) calendar days with additional information or evidence. The filer may send additional information or evidence within the same time period. The response shall be received by the office within the time period provided under this subsection.
(4) Procedure if no second response is received. If the nonprevailing party does not respond as required under subsection (3), the preliminary determination becomes final and the office shall issue a final order pursuant to Section 79-39-13.
(5) Procedure if second response is received. If the nonprevailing party responds as required under subsection (3), the office shall consider the additional information provided, make a final determination regarding whether the filing named in the declaration is fraudulent, and issue a final order under Section 79-39-13.
(6) Factors. When making a preliminary or final determination under this section, the office may consider various factors, including, but not limited to:(a) Whether the office has previously received declarations of wrongful filing or issued final orders relating to the entity, the filer, or the complainant;(b) The previous filing history relating to the entity, the filer, or the complainant;(c) Whether the filer or complainant failed to respond to a request for additional information; and(d) Whether the office is able to independently verify the information provided by the filer or complainant using publicly available information.
(a) Whether the office has previously received declarations of wrongful filing or issued final orders relating to the entity, the filer, or the complainant;
(b) The previous filing history relating to the entity, the filer, or the complainant;
(c) Whether the filer or complainant failed to respond to a request for additional information; and
(d) Whether the office is able to independently verify the information provided by the filer or complainant using publicly available information.