§ 34-1-4. Investigation of applicant; issuance and denial of license.

(a)

The Director shall have an investigation made of the applicant. A confidential record of the investigation shall be kept on file by the Director and be made available to the Commission if necessary in the course of an appeal of a denial of a license or renewal thereof. Such record shall also be made available to the applicant upon his request.

(b)

Unless the Director determines otherwise after his investigation, he shall, within forty-five (45) days following the date of the filing of the application, issue the applicant a license hereunder.

(c)

The Director may, after investigation and finding that the health, safety and welfare of the public so demand, refuse to issue a license to an applicant for reasons including, but not limited to, the following:

(1)

That any material statements made in the application are false;

(2)

That the applicant has engaged in a fraudulent transaction or enterprise;

(3)

That the solicitation will be a fraud on the public;

(4)

That the solicitation is not prompted solely by a desire to finance the charitable cause described in the application and will be conducted primarily for private profit;

(5)

That any professional solicitor or professional fund-raising counsel employed or to be employed by the applicant organization in connection with the charitable solicitations of the applicant is not currently registered with the Commonwealth of Virginia pursuant to § 57-61 of the Code of Virginia or has had a valid claim assessed against a bond filed with such registration;

(6)

The applicant does not have other necessary permits or licenses required to solicit in the manner or location indicated in his or her application or is prohibited under other applicable laws or regulations from conducting his or her business in such a manner or location.

(d)

An applicant for a license may be issued a temporary permit after filing the application based upon a preliminary investigation by the Director, which permit shall remain in effect until the issuance, or denial, of a license as herein provided.

(e)

In the event the Director intends to deny a license application, he shall notify the applicant, in writing, of the reasons therefor within forty-five (45) days of the filing of the application. Such notification shall be sent by certified mail. A time and place for an administrative hearing on the denial, as prescribed in Section 34-1-15, shall be set forth in the notification.

(23-84-34.)

(23-84-34.)