(a) To the extent not prohibited by any other law or
court order, a provider must comply with the provisions under this
rule when ceasing operations or discontinuing business in this state.
(b) A provider must notify the department as soon as
possible when ceasing operations or discontinuing business in this
state.
(c) Within 10 days after notifying the department in
accordance with subsection (b), a provider must submit to the department:
(1) a copy of each unique form of service contract
sold;
(2) the names and addresses of the service contract
holders with active service contracts in this state;
(3) a list of each location, whether it be a physical
location or a website address, at which the provider's service contracts
are marketed, sold, or offered for sale;
(4) the total number of active service contracts in
this state;
(5) the remaining amount of time left on the active
service contracts in this state; and
(6) any other information determined necessary by the
department relating to the provider ceasing operations in this state.
(d) A provider that ceases operations or discontinues
business in this state remains contractually and financially responsible
to its service contract holders with active service contracts in this
state.
(e) A provider that ceases operations or discontinues
business in this state shall retain its records until the provider
furnishes the executive director with proof satisfactory to the executive
director that the provider has performed or otherwise satisfied all
liabilities and obligations to its service contract holders in this
state.
(f) Any security deposit on file with the department
shall be retained by the department until the provider furnishes the
executive director with proof satisfactory to the executive director
that the provider has performed or otherwise satisfied all liabilities
and obligations to its service contract holders in this state.
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