(A) Within ten working days of the receipt of the registration statement, the Administrator shall either issue a certificate of registration or notify the registrant that the registration statement does not comply with requirements of § 116.03(A) and specifically identify what information or explanation has not been furnished.
(B) Within five working days of the receipt of written information or explanation not previously furnished by the registrant, the Administrator shall issue the certificate of registration, unless the Administrator determines:
(1) Any statement made in the application is untrue, false, misleading, incomplete or factually incorrect; and/or
(2) The applicant or the principal officers of the organization submitting the application have been previously convicted of violating the provisions of this chapter, or convicted of violating similar statutes or ordinances enacted by other jurisdictions to regulate the conduct of charitable solicitations, or convicted of any crime involving fraud or theft by deception in the last five years.
(C) In the event that the Administrator makes an affirmative finding as to divisions(B)(1) and/or (B)(2) of this section, the Administrator shall give written notice to the applicant by certified mail, which notice states the deficiency found in applicant’s registration statement, and that the registration is denied.
(D) In the event that a registration is denied for any reason, the applicant may request a hearing before the Administrator or his or her designee by filing with the Administrator within five working days of receipt of the Administrator’s denial a written request that the Administrator reconsider the denial. The request shall set forth with specificity the reasons for the request. The Administrator shall conduct a hearing within 15 working days of the date of receipt of the applicant’s request, unless the applicant requests an extension and agrees, in writing, not to conduct any solicitation activity during the period prior to the hearing. The applicant may be present in person or by representative and shall be entitled to legal counsel. Additionally, the applicant shall be entitled to introduce evidence on his or her behalf and correct any identified errors or omissions in the registration statement. The Administrator shall issue a decision within ten working days after the hearing.
(E) In the event the Administrator issues a decision adverse to the applicant, the applicant may appeal to the Oldham Circuit Court within 30 days after the Administrator’s denial.
(F) During the pendency of any certificate of registration issued pursuant to this chapter, the registrant shall advise the Administrator within five working days of any supplemental information required on the registration statement. The registrant shall also notify the Administrator within five working days of any changes in the information provided by the registrant on the registration statement, which occur during the effective period of the certificate of registration.
(G) A certificate of registration issued by the Administrator to any person or organization is non-transferable and shall bear the name and address of the person or organization conducting the solicitation, the number of the certificate of registration, the date of issuance, the effective dates of the certificate of registration, and the methods of solicitation the registrant has proposed to use for all solicitations conducted pursuant to such certificate. Each such certificate shall have prominently printed thereon the following: “The issuance of this certificate of registration is not an endorsement by the City Government or any of its departments, officers, or employees.” No certificate of registration shall be valid for a period beyond December 31 of the calendar year in which it was issued.
(H) A certificate of registration for a registrant may be renewed annually upon payment of a $50 renewal fee. Registrants exempt under § 116.02(C) shall not be required to submit a payment. At the time of the renewal, the registrant shall update its registration statement by providing current and accurate information with respect to all items initially required to be on the registration statement as delineated in the provisions of § 116.03.
(Ord. 13-2005, passed 11-7-2005)