(a) (a) If, after reviewing the complaint and each submitted response, the secretary of state determines that the person filing the complaint under § 48-251-102 has shown, by clear and convincing evidence, that the name or address of the person challenging the filing was included on a document filed with the secretary of state under this title or title 61 without the person's consent, then the secretary of state must void the challenged business record.(b) If, after reviewing the complaint and each submitted response, the secretary of state determines that the person filing the complaint under § 48-251-102 has not shown, by clear and convincing evidence, that the name or address of the person challenging the filing was included on a document filed with the secretary of state under this title or title 61 without the person's consent, then the secretary must not take action.(c) The secretary of state shall issue a decision as described in subsection (a) or subsection (b) within thirty (30) business days of mailing or emailing the notice of the complaint.(d) The secretary of state shall provide written notice of a decision as described in subsection (a) or subsection (b) to the person who submitted the complaint and each person who submitted a response to the notice of the complaint, if any, within seven (7) business days after the secretary of state issues a decision as described in subsection (a) or subsection (b).(e) The person who submitted the complaint and each person who submitted the response to the notice of the complaint are entitled to judicial review of the secretary of state's decision under subsection (a) or subsection (b) in accordance with § 4-5-322(h).(f) The remedies provided under this chapter do not preclude other remedies.
(a) If, after reviewing the complaint and each submitted response, the secretary of state determines that the person filing the complaint under § 48-251-102 has shown, by clear and convincing evidence, that the name or address of the person challenging the filing was included on a document filed with the secretary of state under this title or title 61 without the person's consent, then the secretary of state must void the challenged business record.
(b) If, after reviewing the complaint and each submitted response, the secretary of state determines that the person filing the complaint under § 48-251-102 has not shown, by clear and convincing evidence, that the name or address of the person challenging the filing was included on a document filed with the secretary of state under this title or title 61 without the person's consent, then the secretary must not take action.
(c) The secretary of state shall issue a decision as described in subsection (a) or subsection (b) within thirty (30) business days of mailing or emailing the notice of the complaint.
(d) The secretary of state shall provide written notice of a decision as described in subsection (a) or subsection (b) to the person who submitted the complaint and each person who submitted a response to the notice of the complaint, if any, within seven (7) business days after the secretary of state issues a decision as described in subsection (a) or subsection (b).
(e) The person who submitted the complaint and each person who submitted the response to the notice of the complaint are entitled to judicial review of the secretary of state's decision under subsection (a) or subsection (b) in accordance with § 4-5-322(h).
(f) The remedies provided under this chapter do not preclude other remedies.