Massachusetts § 24G - Requisites for license; grounds for denial; written decision; appeal

§ 24G. Requisites for license; grounds for denial; written decision; appeal

Section 24G. (a) Upon the filing of an application for a license, if the commissioner finds that the financial responsibility, character, reputation, integrity and general fitness of the applicant, and of the partners or members thereof if the applicant is a partnership or association, and of the officers, directors and principal employees if the applicant is a corporation, are such as to warrant belief that the business will be operated honestly, fairly, soundly and efficiently in the public interest consistent with the purposes of this chapter, he shall thereupon issue the applicant a license to engage in the business of a debt collector. If the commissioner shall not so find, he shall not issue a license and shall notify the applicant of the denial. The commissioner may also reject an application for a license if he finds that any of the following exist:

(1) the applicant made a false statement of a material fact in the application for a license;

(2) an officer, director or member of the applicant's business has, within 10 years before the filing of the application, been (i) convicted of or pleaded nolo contendere to a felony, or (ii) committed an act involving fraud or deceit, which act is substantially related to the qualifications, functions or duties of a person engaged in the business of a debt collector; or

(3) the applicant violated this chapter or regulations promulgated hereunder, any similar regulatory scheme of another jurisdiction, or any other law applicable to the conduct of the business sought to be licensed.

(b) Within 20 days thereafter, the commissioner shall enter upon the records a written decision and findings containing the reasons supporting the denial and shall forthwith give written notice thereof by registered mail to the applicant. Within 30 days after the date of the notice, the applicant may appeal from the denial to the superior court for Suffolk county, sitting in equity. The court shall hear all pertinent evidence and determine the facts and upon the facts as so determined, review the denial and, as justice and equity may require, affirm the same or order the commissioner to issue the license. The commissioner shall approve or deny every application for a license within 90 days after the filing thereof, but any failure of the commissioner to act within that period shall not be considered an approval of an application.