earned wage access; providers; license

HB2309 - 572R - I Ver

REFERENCE TITLE:
earned wage access; providers; license

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2309

Introduced by

Representative
Weninger

AN
ACT

amending sections 6-602 and 6-1202,
Arizona Revised Statutes; amending title 6, Arizona Revised Statutes, by adding
chapter 18; relating to banks and financial institutions.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 6-602, Arizona Revised
Statutes, is amended to read:

START_STATUTE
6-602.

Exemptions

A. This chapter does not apply to:

1. A person who does business under any other law of
this state, or any other state while regulated by a state agency of that other
state, or of the United States, relating to banks, savings banks, trust
companies, savings and loan associations, profit sharing and pension trusts,
credit unions, insurance companies or receiverships if the consumer lender loan
transactions are regulated by the other law or are under the jurisdiction of a
court.

2. A person who is licensed as a pawnbroker pursuant
to title 44, chapter 11, article 3 to the extent that the person's activities
are governed by that article.

3. A person who is not regularly engaged in the
business of making consumer lender loans.

4. A person who is licensed pursuant to chapter 9 of
this title to the extent that the person's activities are governed by that
chapter.

5. A person who is licensed as an
earned wage access provider pursuant to chapter 18 of this title.

B. The requirements of this chapter do not apply to:

1. Closed end loans of more than $10,000.

2. Advances on open end revolving loans that are not
secured by the consumer's principal residence with an agreed on credit limit of
more than $10,000, regardless of the amount of any advances on these revolving
loans.

3. Advances on open end revolving loans that are
secured by the consumer's principal residence with an agreed on credit limit of
more than $10,000, regardless of the amount of any advances on these revolving
loans.

4. Consumer lender loans that are lawfully made to
nonresidents of the state in any other state under and in accordance with a
regulatory consumer lender law similar in principle to this chapter.

5. Educational loans that are either:

(a) Made, insured or guaranteed pursuant to a
program authorized by the United States, this state or any other state.

(b) Made by a nonprofit organization that is exempt
from taxation under section 501(c)(3) of the internal revenue code to students
who attend postsecondary educational institutions in this state.

6. Earned wage access service
transactions and related payments regulated pursuant to chapter 18 of this
title.

C. A consumer loan made pursuant to a consumer
lender license is not a secondary motor vehicle finance transaction as defined
in section 44-281.
END_STATUTE

Sec. 2. Section 6-1202, Arizona Revised Statutes, is amended to read:

START_STATUTE
6-1202.

Exemptions

A. This article does not apply to any of the
following:

1.
An operator of a payment
system that provides processing, clearing or settlement services between or
among persons exempted by this
section or
licensees
in connection with wire transfers, credit card transactions,
debit card transactions, stored value transactions, automated clearinghouse
transfers
, earned wage access service transactions regulated
pursuant to chapter 18 of this title
or similar transfers of money.

2. A
person
who is
appointed as an agent of a payee to collect
and process a payment from a payor to the payee for goods or services, other
than money transmission, provided to the payor by the payee, if all of the
following apply:

(a) A written agreement exists between the payee and
the agent directing the agent to collect and process payments from payors on
the
payee's
behalf.

(b) The payee holds the agent out to the public as
accepting payments for goods or services on the
payee's

behalf.

(c) Payment for the goods and services is treated as
received by the payee on receipt by the agent so that the
payor's
obligation is extinguished and there is no
risk of loss to the payor if the agent fails to remit the money to the payee.

3. A
person that acts as an intermediary by processing payments between an entity
that has directly incurred an outstanding money transmission obligation to a
sender
and the
sender's
designated
recipient, if the entity meets all of the following criteria:

(a) Is properly licensed or exempt from the
licensing requirements under this article.

(b) Provides a receipt
,
electronic record or other written confirmation to the sender
identifying
the entity as the provider of money
transmission
in
the transaction.

(c) Bears sole responsibility to satisfy the
outstanding money transmission obligation to the
sender
,
including the obligation to make the
sender
whole
in connection with any failure to transmit the money to the
sender's
designated recipient.

4. The
United States or a department, an agency or an instrumentality of the United
States or its agent.

5. Money
transmission by the United States postal service or by an agent of the United
States postal service.

6. A
state, county, city or town or any other governmental agency or governmental
subdivision or instrumentality of a
state
or its
agent.

7. A
federally
insured depository financial institution
,
a
bank
holding company,
an
office of an international banking
corporation,
A
foreign bank that establishes a federal
branch pursuant to 12 United States Code section 3102
,
a
corporation organized
as a bank service company
pursuant to
12 United States Code
sections
1861
through 1867

or a corporation organized pursuant
to 12 United States Code
sections
611 through 633.

8.
An
electronic funds transfer of governmental benefits for a
federal, state, county or governmental agency by a contractor on behalf of the
United States or a department, agency or instrumentality of the United States
or on behalf of a
state
or governmental
subdivision, agency or instrumentality of a state.

9. A
board of trade
that is
designated as a contract market
under the commodity exchange act

(7 United States
Code
sections
1 through
2
6
27
f) or a person that,
in the ordinary course of business, provides clearance and settlement services
for a board of trade to the extent of its operation as or for the board of
trade.

10. A
registered futures commission merchant under the federal commodities laws to
the extent of its operation as a merchant.

11. A
person
who is
registered as a securities broker or dealer
under federal or state securities laws to the extent of the person's operation.

12. An
individual
that is
employed by a licensee, an authorized
delegate or any person exempt from the licensing requirements of this article
when acting within the scope of employment and under the supervision of the
licensee, authorized delegate or exempt person as an employee and not as an
independent contractor.

13. A
person
that is
expressly appointed as a third-party
service provider to or agent of an entity exempt under paragraph 7 of this
subsection solely to the extent that
both:

(a) The service provider or agent is engaging in
money transmission on behalf of and pursuant to a written agreement with the
exempt entity that sets forth the specific functions that the service provider
or agent is to perform.

(b) The exempt entity assumes all risk of loss and
all legal responsibility for satisfying the outstanding money transmission
obligations owed to purchasers and holders of the outstanding money
transmission obligations on receipt of the
purchaser's

or holder's money or monetary value by the service provider or agent.

14. A
person
that is
exempt by regulation or order if the
director
finds such exemption to be in the public
interest and that regulating the person is not nece
ssary
for the purposes of this
article.

B. The director may require that any person claiming
to be exempt from licensing pursuant to this section provide information and
documentation to the director demonstrating that the person qualifies for any
claimed exemption.
END_STATUTE

Sec. 3. Title
6, Arizona Revised Statutes, is amended by adding chapter 18, to read:

CHAPTER
18

EARNED WAGE ACCESS

ARTICLE 1. GENERAL
PROVISIONS

START_STATUTE
6-1801.

Definitions

In this chapter, unless the context otherwise
requires:

1. "business entity" means
any corporation, limited liability company, partnership, association or other
commercial entity.

2. "consumer" means an
individual who resides in this state.

3. "consumer-directed wage
access services" means delivering to consumers access to earned but unpaid
income that is based on the consumer's representations and the provider's
reasonable determination of the consumer's earned but unpaid income.

4. "earned but unpaid
income" means salary, wages, compensation or other income that a consumer
or an employer has represented and that a provider has reasonably determined
has been earned or accrued to the benefit of the consumer in exchange for the
consumer's services to the employer or on behalf of the employer, includING:

(
a
) On an
hourly, project-based, piecework or other basis.

(
b
) Circumstances
in which the consumer is acting as an independent contractor of the employer,
but has not, at the time of the payment of proceeds, been paid to the consumer
by the employer.

5. "earned wage access
services" means providing consumer-directed wage access services or
employer-integrated wage access services, or both.

6. "employer":

(
a
) means a
person that employs a consumer or any other person that is contractually
obligated to pay a consumer earned but unpaid income in exchange for the
consumer's provision of services to the person or on behalf of the person,
including:

(
i
) On an
hourly, project-based, piecework or other basis.

(
ii
) Circumstances
in which the consumer is acting as an independent contractor.

(
b
) does not
include:

(
i
) a customer
of
the person
.

(
ii
) any other
person whose obligation to make a payment of salary, wages, compensation or
other income to a consumer is not based on the provision of services by that
consumer for or on behalf of the person.

7. "employer-integrated wage
access services" means delivering to consumers access to earned but unpaid
income that is based on employment, income or attendance data obtained directly
or indirectly from an employer.

8. "fee":

(
a
) means a fee
that is imposed by a provider for delivery or expedited delivery of proceeds to
a consumer or a subscription or membership fee that is imposed by a provider
for a bona fide group of services that includes earned wage access services.

(
b
) does not
include:

(
i
) voluntary
tips.

(
ii
) gratuities.

(
iii
) other
donations.

9. "licensee" means a
business entity that is licensed by the
department under
section 6-1802 as a provider.

10. "nationwide mortgage
licensing system and registry" means a MORTGAGE licensing system DEVELOPED
and maintained by a conference of state bank supervisors and an American
association of residential mortgage regulations for the state licensing and
registration of licensed loan originators and REGISTERED loan originators or
such a system established by the director of the United states bureau of
consumer financial protection.

11. "Outstanding proceeds"
means proceeds that were remitted to a consumer by a provider and have not yet
been repaid to that provider.

12. "proceeds" means a
payment in United States dollars to a consumer by a provider that is based on
earned but unpaid income.

13. "provider":

(
a
) means a
business entity that provides earned wage access services to consumers.

(
b
) does not
include:

(
i
) a service
provider, such as a payroll service provider, whose role may include verifying
the available earnings but that is not contractually obligated to fund proceeds
delivered as part of an earned wage access service.

(
ii
) an
employer that offers a portion of salary, wages or compensation directly to its
employees or independent contractors before the normally scheduled pay date.

(
iii
) A
business entity that offers or provides earned wage access services and that
reports a consumer's payment or nonpayment of any outstanding proceeds, fees,
voluntary gratuities or other voluntary donations that are attributable to
earned wage access services to a consumer reporting agency that compiles and
maintains files on consumers on a nationwide basis as defined in the Fair
Credit Reporting Act (P.L. 90-321; 84 stat. 1128; 15 united states
code section 1681
a
(
p
)).

END_STATUTE

START_STATUTE
6-1802.

License; application; fees; bond; definitions

A.
Beginning
January 1, 2027, A provider, whether located in this state or in another state,
may not provide earned wage access services in this state unless the provider
has been issued a license by the
department.

B. A provider that is required to be
licensed under this section shall apply for a license on a form
and in a manner as prescribed by the
department. The
application shall include all of the following information:

1. The name of the provider.

2. The name under which the provider
transacts business, if different from paragraph 1 of this subsection.

3. The address of the provider's
principal office, which may be outside of this state.

4. The addresses of all of the
provider's offices or retail stores, if any, located in this state.

5. If the provider provides earned
wage access services at a location that is not an office or retail store in
this state, a description of the manner in which the provider provides earned
wage access services and the provider's website uniform resource locator.

6. The address of the provider's
designated agent on whom service of process may be made in this state.

7. The provider's federal employer
identification number.

8. a fee schedule that includes a
complete description of all the fees that the PROVIDER CHArGES or may CHARGE to
provide access to earned wages.

9. Documentation or other information
that demonstrates the character, general fitness and financial responsibility
of the following, as applicable:

(
a
) The
applicant.

(
b
) The
applicant's partners if the provider is a partnership.

(
c
) The
applicant's managers and members if the provider is a limited liability company
or association.

(
d
) The
applicant's officers and directors if the provider is a corporation.

10. Any other information the
department requires to administer this chapter.

C. In addition to the application
under subsection b of this section, each licensee shall register with and
maintain a valid unique identifier issued by the nationwide mortgage licensing
system and registry.

D. A provider that is required to be
licensed under this section shall update any information provided in its
license application within fifteen business days after any material change in
that information.

E. A provider that is required to be
licensed under this section shall file with the
department
and maintain in force a surety bond that is issued by a surety company that is
admitted to do business in this state and that meets all of the following
requirements:

1. Is in an amount equal to $50,000.

2. Is in favor of this state for the
benefit of any person that is damaged by a violation of this chapter.

3. Is in favor of any person that is
damaged by a violation of this chapter.

F. A person that claims against a
bond described under subsection
E of this section for a
violation of this chapter may maintain an action at law against the provider
that obtained the surety that issued the bond. The surety is liable
only for actual damages and not for punitive damages.� The aggregate liability
of the surety to all persons damaged by a provider's violation of this chapter
does not exceed the amount of the bond.

G. Once the applicant submits an
application, the
department shall conduct a character and
general fitness and financial responsibility investigation of the following:

1. The Applicant.

2. The applicant's partners if the
provider is a partnership.

3. The applicant's managers and
members if the provider is a limited liability company or association.

4. The applicant's officers and
directors if the provider is a corporation.

H. If the investigation pursuant to
SUBSECTION
G of this section finds relevant facts that
warrant the belief that the Applicant's business will be operated in COMPLIANCE
with this chapter, the
department shall issue a license
and
, if not, the
department shall
deny the application for a license.

I. The
department

may not issue a license to an applicant
if any of the following applies:

1. The applicant fails to provide any
information required under subsection b of this section.

2. The department of revenue
certifies that the applicant is liable for delinquent taxes as prescribed in
section 42-1103.

J. the provider's license remains in
force and effect until the
department suspends or revokes
the license in accordance with this chapter or the provider surrenders the
license. A licensee shall apply for renewal as prescribed by the
director of the department not later than december 31 of each year.� For each
day after December 31 that the RENEWAL application is not received by the
director of the department, the applicant shall pay a $25 late
fee. If the director of the department does not receive the
licensee's renewal application on or before December 31, the licensee may not
act as an earned wage access services provider until the license is renewed or
a new license is issued pursuant to this article. If the director of
the department does not receive the licensee's renewal application on or before
January 31, the license automatically expires.� The holder of an expired
license may not be issued a renewal license but may be issued a new license as
provided in this article.

K. A provider shall conspicuously
post its license at its physical place of business
, on
the provider's website
and on any official consumer-facing
document, agreement or correspondence.

L. An applicant may appeal a denial
of an application pursuant to title 41, chapter 6, article 10.

M. For the purposes of this section:

1. "applicant" means a
provider that has submitted an application for a license under subsection b of
this section.

2. "director" means a
member of the applicant's or licensee's board of directors.

3. "Member", except under
paragraph 2 of this subsection, means a person who either:

(
a
) has the
right to receive on dissolution.

(
b
) has
contributed ten percent or more of the capital contribution of an applicant or
licensee that is organized as a limited liability company or association

or is otherwise entitled to receive
ten percent or more of the rights and benefits of the membership interest
ownership in the limited liability company or association.

4. "officer":

(
a
) Means a
person who participates or has authority to participate, other than in the
capacity of a director, in major policymaking functions of an applicant or
licensee, whether or not the person has an official title.�

(
b
) Includes
the chief executive officer, chief financial officer, chief operations officer,
chief legal officer, chief credit officer and chief compliance officer, each
executive vice president or senior vice president and any other person meeting
the standard under this paragraph.

5. "partner" means a person
that either:

(
a
) has the
right to receive on dissolution.

(
b
) has
contributed ten percent or more of the capital contribution of an applicant or
licensee that is organized as a partnership.
END_STATUTE

START_STATUTE
6-1803.

Provider requirements; limitations

A. A provider that is required to be
licensed under section 6-1802 shall do all of the following:

1. Develop and implement policies and
procedures to respond to questions raised by consumers and address complaints
from consumers in an expedient manner
, including
reimbursing a consumer pursuant to paragraph 10
,
subdivision (
b
) of this subsection.

2. Offer at least one reasonable
option to a consumer to obtain proceeds at no cost and clearly explain to the
consumer how to elect that no cost option.

3. Before entering into an agreement
with a consumer for earned wage access services, do all of the following:

(
a
) inform the
consumer of the consumer's rights under the agreement in writing.

(
b
) fully and
clearly disclose all fees associated with the earned wage access services and
the difference between the services and the no fee option.

(
c
) Explain the
procedures the provider will follow if the provider's first attempt to obtain
payment of
outstanding proceeds and any associated fees,
tips, gratuities and other donations is unsuccessful.

4. except as provided in paragraph 5
of this subsection,
obtain the consent of the consumer
for any material change to the terms and conditions of the earned wage
access services before implementing that change for the consumer.

5. provide at least thirty days'
advance written notice to a consumer for any material change to the terms and
conditions of an earned wage access product that includes the customer's assent
to a voluntary preauthorized automated electronic funds transfer.� The notice
required by this paragraph may be provided through email or another conspicuous
electronic method if the consumer consents to receive communications through
electronic means.� For the purposes of this paragraph, Voluntary preauthorized
automated electronic funds transfer does not include a onetime transaction for
proceeds authorized by the consumer.

6. Allow the consumer to cancel use
of the provider's earned wage access services at any time without incurring a
cancellation fee or inhibiting access to consumer funds that are in process.

7. Comply with all local, state and
federal privacy and information security laws.

8. If a provider solicits, charges or
receives a tip, gratuity or other donation from a consumer, do all of the
following:

(
a
) clearly and
conspicuously disclose to the consumer in prominently displayed writing
immediately before each transaction that any tip, gratuity or other donation
amount may be zero and is voluntary.

(
b
) clearly and
conspicuously disclose in its service contract with the consumer and elsewhere
that any tip, gratuity or donation is voluntary and that offering earned wage
access services, including the amount of proceeds a consumer is eligible to
request and the frequency with which proceeds are provided to a consumer, is
not contingent on whether the consumer pays any tip, gratuity or other donation
or on the size of the tip, gratuity or other donation.

(
c
) Set the
initial suggested tip to zero, if any, and allow the consumer to opt in to
different default settings for future transactions.

9. Provide proceeds to a consumer by
any means mutually agreed on by the consumer and the licensee.

10. If the provider seeks repayment
of outstanding proceeds or payment of fees or other amounts owed, including
voluntary tips, gratuities or other donations
, in
connection with the activities covered by this chapter from a consumer's
account at a depository institution by means of an electronic funds transfer,
do all of the following:

(
a
) comply with
applicable provisions of the electronic fund transfer act as prescribed in 15
United States Code sections 1693 through 1693
r
and the
regulations adopted under 15 United States Code sections 1693 through section
1693
r
.

(
b
)
Within ten business days after the consumer's request, reimburse the
consumer for the full amount of any overdraft or nonsufficient fund fees
imposed on that consumer by the consumer's depository institution that were
caused by the provider attempting to seek payment of any outstanding proceeds,
fees or other payments in connection with the activities covered by this chapter,
including voluntary tips, gratuities or other donations
,
on a date before, or in an incorrect amount from, the date or amount disclosed
to the consumer.� The provider is not subject to the requirements in this
paragraph with respect to payments of outstanding amounts or fees incurred by a
consumer through fraudulent or other unlawful means that the provider, using
reasonable good-faith efforts to determine, reasonably believes are the
result of the customer's conduct.

B. A provider thAt is required to be
licensed under section 6-1802 may not do any of the following:

1. Share with an employer a portion
of any fees, voluntary tips, gratuities or other donations that were received
from or charged to a consumer for earned wage access services.

2. Require a consumer's credit score
that was generated from a credit report provided or issued by a consumer
reporting agency to determine a consumer's eligibility for earned wage access
services.

3. Accept payment of outstanding
proceeds, fees, voluntary tips, gratuities or other donations from a consumer
by means of a credit card or charge card.

4. Charge a late fee or deferral fee,
interest or any other penalty or charge for failure to pay outstanding
proceeds, fees, voluntary tips, gratuities or other donations.

5. Compel or attempt to compel
payment by a consumer of outstanding proceeds, fees, voluntary tips, gratuities
or other donations to the provider through any of the following means:

(
a
) a suit
against the consumer in a court of competent jurisdiction.

(
b
) Use of
outbound telephone calls.

(
c
) use of a
third party to pursue collection from the consumer on the provider's behalf.

(
d
) sale of
outstanding amounts to a third-party collector or debt buyer for collection
from the consumer.

(
e
) By acting
as a collection agency as defined in section 32-1001.

6.
If the
provider solicits or receives tips, gratuities or other donations from
consumers, misleads or deceives consumers about the voluntary nature of the
tips, gratuities or other donations or make representations that the tips,
gratuities or other donations will benefit
any
individual, including the consumer, or are necessary to offer earned wage
access services, including the amount of proceeds the consumer is eligible to
request and the frequency with which proceeds are provided to the consumer.

7. Advertise, print, display,
publish, distribute or broadcast or cause to be advertised, printed, displayed,
published, distributed or broadcast, in any manner, any statement or
representation with regard to the earned wage access services that are offered
by the provider that is false, misleading or deceptive, or that omits or states
material information that is necessary to make the statements not false,
misleading or deceptive.

8. REquire
that a consumer's sole means of accessing monies be through a provider paycard,
digital wallet or similar payment process.

9. Charge fees
for
delivery or expedited delivery of proceeds that exceed $5 for any advance that
is equal to or less than $75 or $7.50 for any advance that is more than $75.

10. Offer
earned wage access services, including the amount of proceeds a consumer is
eligible to request and the frequency with which proceeds are provided to a
consumer,
that are
contingent
on whether the consumer pays any tip, gratuity or other donation or on the size
of the tip, gratuity or other donation.

C. A provider that is required to be
LICENSED under section 6-1802 May solicit or receive tips, gratuities or
other donations only one time per transaction and confirm the final transaction
on the completion screen.

D. THE LIMITS SET FORTH IN SUBSECTION
B, PARAGRAPH 5 OF THIS SECTION DO NOT APPLY TO A PROVIDER THAT IS:

1. seeking payment of any outstanding
amount or fee that was incurred by a consumer through fraud or other unlawful
means that the provider, using reasonable good-faith efforts to
determine, reasonably believes are the result of CONSUMER'S conduct.

2. Suing an employer for the
employer's breach of the employer's contract with the provider.

E. A provider may use the mailing
address provided by a consumer to determine the consumer's state of residence
for the purposes of this chapter.
END_STATUTE

START_STATUTE
6-1804.

Interpretation; applicability

A. Notwithstanding any other law,
earned wage access services offered and provided by a licensee in compliance
with this chapter are not considered any of the following:

1. A violation of or noncompliance
with section 23-1068, subsection a or any other law of this state governing a
sale, assignment or order for earned but unpaid income or other wages.

2. A loan or other form of credit or
debt.

3. Money transmission.

B. Notwithstanding any other law,
fees paid to a licensee in accordance with this chapter are not considered
interest or finance charges. If there is a conflict between this
chapter and any other statute, this chapter controls.

C. Title 32, chapter 9 does not apply
to proceeds a provider provides to a consumer in accordance with this chapter.

D. A voluntary tip, gratuity or other
donation paid by a consumer to a licensee in accordance with this chapter is
not considered a finance charge
under state law.
END_STATUTE

START_STATUTE
6-1805.

Annual report; books and records

A. On or before july 1 of each year,
a provider that is required to be licensed under section 6-1802 shall submit an
annual report to the
department that includes all of the
following information related to earned wage access services that the provider
provided in this state during the prior year:

1. Gross revenue that is attributed
to earned wage access services.

2. The total number of transactions
in which the provider provided proceeds to consumers
and
the total number of transactions in which:

(
a
) The
provider received a fee from the consumer.

(
b
) The
provider received a voluntary tip, gratuity or other donation from the
consumer.

(
c
) The
consumer obtained proceeds at no cost.

3. The total number of unique
consumers to whom the provider provided proceeds.

4. The total dollar amount of
proceeds the provider provided to consumers.

5. The total dollar amount of
:

(
a
) fees
the provider received from consumers.

(
b
) voluntary
tips, gratuities or other donations the provider received from consumers.

6. The
total number of transactions in which the provider provided
and the total amount of reimbursements to a consumer for overdraft or
nonsufficient fund fees that were imposed on that consumer.

7. The
total
number of claims made by the provider against a
consumer for fraud or unlawful acts, including the dollar amounts of any
claim.� The
department may request follow-up
information that includes:

(
a
) Investigation documentation.

(
b
) Evidence that supports fraud or unlawful conduct.

(
c
) Information
as to whether a court of competent jurisdiction adjudicated the matter.

B. The director may extend the
deadline for the annual report for good cause.

C. The
department

may take disciplinary action against a
provider if the provider fails to submit a timely report as required under this
section.

D. A provider that is required to be
licensed under section 6-1802 shall keep books and records that, in the opinion
of the
department, will enable the
department
to determine whether the provider is in compliance with this chapter
for at least five years.
END_STATUTE

START_STATUTE
6-1806.

Denial of renewal or suspension or revocation of license

A. The
department
may deny the renewal of a license or suspend or revoke a license if the
department finds that
the licensee:

1. Is insolvent as defined in section
47-1201.

2. Has failed to file an annual
report as required by section 6-1805 by the due date or within an
extended time frame granted by the director for good cause.

3. Has failed to have or maintain the
surety bond required by section 6-1802, subsection
E.

4. has violated a rule, order or any
provision of this title.

5. Has failed to operate the business
of offering or providing earned wage access services in this state for a
continuous period of twelve months or more, except that the deputy director may
extend the time for not more than twelve additional months for a single fixed
period on good cause shown.

B. The
department
may also deny renewal of a license or suspend or revoke a license if the
director finds that any fact or condition exists that, if it had existed at the
time of the original application for the license, would have clearly warranted
the director to refuse to issue the license.

C. A licensee may appeal a denial of
a renewal application or a suspension or revocation pursuant to title 41,
chapter 6, article 10.
END_STATUTE

START_STATUTE
6-1807.

Mergers and acquisition of control; approval of director

A person licensed under this chapter may not
merge with, acquire control over or agree to be acquired by another entity
without the approval of the director.� This section does not prohibit a
licensee or other person from negotiating or entering into agreements subject
to the condition that the merger or acquisition of control becomes effective on
approval of the director.
END_STATUTE

START_STATUTE
6-1808.

Unlawful practice

Failure to comply with this chapter is an
unlawful practice pursuant to section 44-1522. The attorney
general may investigate and take appropriate action as prescribed in title 44,
chapter 10, article 7.
END_STATUTE

START_STATUTE
6-1809.

Department; rules

The director may adopt rules to implement this
chapter.
END_STATUTE