Section 0780-01-80-.05 - WARRANTOR FILING REQUIREMENTS(1) The following items are required to be submitted upon the initial registration of any person wishing to register to operate as a warrantor of vehicle protection products, and annually thereafter in order to renew the registration: (a) The information required by T.C.A. § 56-55-104(b). This information shall be submitted on a form created by the commissioner;(b) Copies of any warranty reimbursement insurance policy or policies which are to cover any vehicle protection product warranties provided in this State. Such policies must conform to the requirements found in T.C.A. §§ 56-55-105 and 56-55-106;(c) Two (2) copies of each warranty the registrant proposes to use in this State, including each warranty already registered for use that the renewal applicant proposes to use;(d) An appointment of the commissioner and the commissioner's deputies and successors as true and lawful attorneys upon whom any and all lawful process may be served on behalf of the warrantor in connection with any business done by the warrantor under T.C.A. §§ 56-55-101, et seq. Such appointment shall be made on a form created by the commissioner;(e) A registration fee in the amount of five hundred fifteen dollars ($515.00); and(f) A self addressed stamped envelope.(2) A complete copy of each registration form, including all required exhibits and other papers and documents filed as a part thereof, shall be filed with the commissioner by personal delivery or mail addressed to: Department of Commerce and Insurance, State of Tennessee, 500 James Robertson Parkway, Davy Crockett Tower, Fourth Floor, Nashville, Tennessee 37243, Attention: Vehicle Protection Product Specialist. The registration form shall be manually signed.(3) Should the registration form submitted upon the initial registration of a warrantor be deficient in any information required by T.C.A. §§ 56-55-105 or 56-55-106 and Paragraphs (1) and (2) of this Rule, the commissioner shall notify that initial registrant immediately of all such deficiencies. The initial registrant shall have forty-five (45) days from the date the notice was sent by the commissioner to correct all deficiencies. Should the initial registrant not correct all deficiencies within the forty-five (45) days, the commissioner shall deem the application abandoned. Any registrant who has abandoned an application must reapply as set forth in Paragraphs (1) and (2) of this Rule in order to register as a warrantor.(4) Should there be any change(s) in a registrant's information provided pursuant to this Rule prior to the registrant's renewal, the commissioner must be notified, in writing , within thirty (30) days of such change(s) by personal delivery or mail addressed to: Department of Commerce and Insurance, State of Tennessee, 500 James Robertson Parkway, Davy Crockett Tower, Fourth Floor, Nashville, Tennessee 37243, Attention: Vehicle Protection Product Specialist. The written notice shall state any change(s) to the information and what the information stated before the change(s). The written notice shall be manually signed. Changes in a registrant's information include, but are not limited to, changes to any of the warranties previously registered and changes to the warranty reimbursement insurance policy. A change in a registrant's information does not include the use of any additional warranties not previously registered. Such warranties must be submitted for registration prior to use.(5) If a registrant fails to properly renew its registration by July 1 of each year, the commissioner shall give the registrant written notice of the failure to properly register. The registrant shall then have thirty (30) days from the date of the receipt of the notice of the failure to properly register to complete the registration before the registration is canceled. Any registrant with a canceled registration must reapply as set forth in Paragraphs (1) and (2) of this Rule in order to obtain a new registration.Tenn. Comp. R. & Regs. 0780-01-80-.05
Original rule filed April 22, 2008, to be effective July 6, 2008; however, the House Government Operations Committee stayed the rule; new effective date August 16, 2008.Authority: T.C.A. §§ 56-55-104, 56-55-105, 56-55-106, 56-55-112 and 56-55-113.