Sec. 11. (a) A CPAP provider required to be licensed under this article shall maintain records in conformity with United States generally accepted accounting principles and practices in a manner that will enable the department to determine whether the licensee is complying with the provisions of this article. The record keeping system of a licensee shall be sufficient if the licensee makes the required information reasonably available. The department shall determine the sufficiency of the records and whether the licensee has made the required information reasonably available. The department shall be given free access to the records wherever located. The records concerning any CPAP transaction shall be retained for two (2) years after making the final entry relating to the CPAP transaction. A person licensed or required to be licensed under this article is subject to IC 28-1-2-30.5 with respect to any records maintained by the person.
(b) If the director designates under section 4 of this chapter the NMLSR as the sole entity responsible for performing any of the activities described in section 4(a) of this chapter, the unique identifier of any licensee must be clearly shown on all CPAP transaction documents furnished by the licensee to a consumer claimant and on any other documents as required by the director.
(c) If the director designates under section 4 of this chapter the NMLSR as the sole entity responsible for performing any of the activities described in section 4(a) of this chapter, a CPAP provider that is licensed by the department under this article and that engages in CPAP transactions shall submit to the NMLSR a call report, which must be in the form and contain information the NMLSR requires, if required by the director.
(d) A CPAP provider required to be licensed under this article shall file with the department a composite report as required by the department, but not more frequently than annually, in the form prescribed by the department relating to all CPAP transactions entered into by the licensee. The department shall consult with comparable officials in other states for the purpose of making the kinds of information required in the reports uniform among the states. Information contained in the reports shall be confidential and may be published only in composite form. The department may impose a fee in an amount fixed by the department under IC 28-11-3-5 for each day that a CPAP provider fails to file the report required by this subsection.
(e) A CPAP provider required to be licensed under this article shall file notification with the department if the CPAP provider:
(1) has a change in name, address, or principals;
(2) opens a new branch, closes an existing branch, or relocates an existing branch;
(3) files for bankruptcy or reorganization; or
(4) is subject to revocation or suspension proceedings by a state or governmental authority with regard to the licensee's activities;
not later than thirty (30) days after the date of the event described in this subsection.
(f) A licensee shall file notification with the department if the licensee or any director, executive officer, or manager of the licensee has been convicted of a felony under the laws of Indiana or any other jurisdiction. The licensee shall file the notification required by this subsection not later than thirty (30) days after the date of the event described in this subsection.
As added by P.L.176-2019, SEC.52.
Structure Indiana Code