(1) A person
shall not act as, or offer to act as, or hold himself or herself
out to be a home heating fuel service contract provider in this
state, nor may a home heating fuel service contract be sold to a
consumer in this state, unless the contract provider has a valid
registration as a home heating fuel service contract provider
issued by the commissioner.
(2) Applicants to be a home heating fuel service contract
provider shall make an application to the commissioner upon a
form to be furnished by the commissioner. The application must
include or be accompanied by the following information and
documents:
(a) All basic organizational documents of the home heating
fuel service contract provider, including any articles of
incorporation, articles of association, partnership agreement,
trade name certificate, trust agreement, shareholder agreement,
bylaws, and other applicable documents, and all amendments to
those documents;
(b) The identities of the contract provider's executive
officer or officers directly responsible for the contract
provider's home heating fuel service contract business;
(c) Annual financial statements or other financial reports
acceptable to the commissioner for the two most recent years
which prove that the applicant is solvent and any information the
commissioner may require in order to review the current financial
condition of the applicant;
(d) An application fee of one hundred dollars, which must be
deposited into the general fund; and
(e) Any other pertinent information required by the
commissioner.
(3) The commissioner may refuse to issue a registration if
the commissioner determines that the home heating fuel service
contract provider, or any individual responsible for the conduct
of the affairs of the contract provider under subsection (2)(b)
of this section, is not competent, trustworthy, or financially
responsible.
(4) A registration issued under this section is valid,
unless surrendered, suspended, or revoked by the commissioner, or
not renewed for so long as the service contract provider
continues in business in this state and remains in compliance
with this chapter. A registration is subject to renewal annually
on July 1st upon application of the home heating fuel service
contract provider and payment of a fee of twenty-five dollars,
which must be deposited into the general fund. If not so
renewed, the registration expires on June 30th next preceding.
(5) A home heating fuel service contract provider shall keep
current the information required to be disclosed in its
registration under this section by reporting all material changes
or additions within thirty days after the end of the month in
which the change or addition occurs.
[2007 c 80 § 1; 2006 c 36 § 3.]