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This entry was published on 2014-09-22
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Conditions for issuance of a license; procedure where application denied
§ 581. Conditions for issuance of a license; procedure where
application denied. 1. Upon the filing of an application for a license,
if the superintendent shall find that the financial responsibility,
experience, character, and general fitness of the applicant, and of the
officers and directors thereof are such as to command the confidence of
the community and to warrant belief that the business will be operated
honestly, fairly, and efficiently within the purposes of this article,
he or she shall thereupon issue a license in duplicate to engage in
budget planning in accordance with the provisions of this article. The
superintendent shall transmit one copy of such license to the applicant
and file another in the office of the department of financial services.
Such license shall remain in full force and effect until it is
surrendered by the licensee or revoked or suspended as hereinafter
provided; if the superintendent shall not so find he or she shall not
issue such license and he or she shall notify the applicant of the
denial. The superintendent shall approve or deny every application for
license hereunder within ninety days from the filing thereof.

2. The superintendent shall not issue a license unless an applicant
agrees to provide, either directly or indirectly, budgeting, educational
and/or counseling services, acceptable to the superintendent, to the
debtors with whom such licensee has a contract to engage in budget
planning, as defined by section four hundred fifty-five of the general
business law. Failure of a licensee to provide, directly or indirectly,
such budgeting, educational and/or counseling services acceptable to the
superintendent shall be a basis for suspension and revocation of the