(1)
The director may, in the circumstances set out in Sentence (2),
(a)
refuse to register an applicant,
(b)
refuse to renew a registration, or
(c)
suspend or revoke a registration.
(2)
The circumstances referred to in Sentence (1) are,
(a)
the registered person is in contravention of the Act or this Code,
(b)
the registered person is in breach of a condition of the registration other than the condition set out in Clause 3.4.3.7.(1)(d),
(c)
the registration was issued on the basis of mistaken, false or incorrect information,
(d)
the director is of the opinion that the past conduct of the applicant or registered person or, if the applicant or registered person is a partnership or a corporation, the partners, officers or directors of the applicant or registered person, as the case may be, affords reasonable grounds for belief that the business that would be or is authorized by the registration will not be carried on in accordance with law,
(e)
the director is of the opinion that there are reasonable grounds for belief that the activities of the applicant or registered person are or will be carried on in a manner that poses a threat to public safety,
(f)
the application is incomplete, or
(g)
any fees required under Article 3.4.3.5. remain unpaid.
(3)
If the director proposes to refuse to register or renew a registration or proposes to suspend or revoke a registration under Sentence (1), the director shall serve a notice of the proposal, together with the reasons for it, on the applicant or registered person.
(4)
A notice under Sentence (3) shall state that the applicant or registered person is entitled to a hearing before the Tribunal if the applicant or registered person, within 15 days after service of the notice referred to in Sentence (3), serves the director and the Tribunal with notice in writing requesting a hearing.
(5)
If an applicant or registered person does not request a hearing by the Tribunal in accordance with Sentence (4), the director may carry out the proposal stated in the notice under Sentence (3).
(6)
If the applicant or registered person requests a hearing before the Tribunal in accordance with Sentence (4), the Tribunal shall appoint a time for and hold a hearing and may by order direct the director to carry out the director’s proposal or refrain from carrying it out and to take such other action as the Tribunal considers the director ought to take in accordance with the Act and this Code, and for those purposes the Tribunal may substitute its opinion for that of the director.
(7)
The director, the applicant or registered person who requested the hearing, and such other persons as the Tribunal may specify, are parties to proceedings before the Tribunal.
(8)
A proposal to suspend or revoke a registration by reason of Clause (2)(e) takes effect immediately and the commencement of a proceeding before the Tribunal does not stay the operation of the proposal to suspend or revoke the registration.
(9)
The Tribunal may, on the application of the registered person, stay the operation of the proposal of the director to suspend or revoke the registration, and may grant the stay subject to conditions.
(10)
Sentences (3) to (9) do not apply and the director may cancel the registration of a registered person upon receipt of a request in writing for cancellation from the registered person in a form established by the director.
(11)
Subject to Sentence (8), if within the time period set out in Sentence 3.4.3.3.(2) a registered person has applied for renewal of a registration, paid the fee required under Article 3.4.3.5. and provided evidence satisfactory to the director that the registered person is covered by insurance required under Subsection 3.6.2. for the term of the renewal of the registration, the registration is deemed to continue until the earliest of,
(a)
the day the registration is renewed,
(b)
if the registered person is served with notice that the director proposes to refuse to renew the registration, the day the time for giving notice requesting a hearing expires or, if a hearing is held, the day the Tribunal makes its order, and
(c)
the day when the registered person ceases to be covered by the insurance required under Subsection 3.6.2.