(a)  The attorney general may suspend or revoke any license issued under this chapter in the manner subsequently prescribed if the licensee or any of its partners, officers, generals, and shareholders owning a ten percent (10%) or greater interest in the license, provided the licensee is not a publicly traded corporation, and the qualifying agent does any of the following:

(1)  Violates any provisions of this chapter or rules and regulations promulgated under this chapter;

(2)  Practices fraud, deceit, or misrepresentation;

(3)  Makes a material misstatement in the application for or renewal of the license;

(4)  In the case of the qualifying agent, commits any act that would disqualify the qualifying agent under § 5-5.1-8 and in the case of the licensee, or any of its partners, officers, generals, and shareholders owning a ten percent (10%) or greater interest in the licensee, provided the licensee is not a publicly traded corporation, fails to meet the qualifications of § 5-5.1-8; or

(5)  Demonstrates incompetence or untrustworthiness in actions affecting the conduct of the business required to be licensed under this chapter.

Terms Used In Rhode Island General Laws 5-5.1-15

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Attorney General: means the attorney general of the state of Rhode Island. See Rhode Island General Laws 5-5.1-2
  • Business: means any corporation, company, association, operation, firm, partnership, institution, trust, or other form of business association, as well as a natural person. See Rhode Island General Laws 5-5.1-2
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Fraud: Intentional deception resulting in injury to another.
  • in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
  • License: means any license required by this chapter. See Rhode Island General Laws 5-5.1-2
  • Licensee: means any person to whom a license is granted in accordance with the provisions of this chapter. See Rhode Island General Laws 5-5.1-2
  • Publicly traded corporation: means any corporation or other legal entity, except a natural person, that:

    (i)  Has one or more classes of security registered pursuant to § 12 of the Securities Exchange Act of 1934 (15 U. See Rhode Island General Laws 5-5.1-2

(b)(1)  Prior to suspension or revocation of a license, the attorney general shall promptly notify the licensee of his or her intent to issue an order for revocation or suspension, stating the grounds for revocation or suspension. Within fifteen (15) days of receipt of notice of intent to revoke or suspend from the attorney general, the licensee may request a hearing in writing.

(2)  If a request for a hearing is received in a timely manner, the attorney general shall set a date for a hearing and notify the parties of the time and place of the meeting.

(3)  All hearings shall be held in accordance with the provisions of chapter 35 of Title 42.

(c)  After the licensee has exhausted the right of appeal or, if the licensee does not seek a hearing, the licensee shall immediately cease to operate the business for the time period provided in the order of suspension or permanently in the case of revocation and shall notify all of its clients of the revocation or suspension and maintain a copy of the notices in its business records.

(d)  Under circumstances in which the attorney general determines that the public health, welfare, or safety may be jeopardized by the termination of a licensee’s services, the attorney general may, upon his or her own motion or upon application by the licensee or any party affected by the termination, extend the time for the termination of the licensee’s operations, subject to any reasonable, necessary, and proper conditions or restrictions that he or she deems appropriate.

History of Section.
P.L. 1987, ch. 112, § 1; P.L. 2019, ch. 308, art. 1, § 5.