(1) The division shall deny an applicant a license under this chapter if:
- (a) the division suspended or revoked a license the applicant held under this chapter less than two years before the date of the application;
(b)
- (i) the applicant is a partnership, corporation, or limited liability company; and
- (ii) a person that serves the applicant entity in a control position previously served in a control position for an entity that held a license the division suspended or revoked less than two years before the date of the application;
(c)
- (i) the applicant is a sole proprietorship; and
- (ii) a person that serves in a control position in an entity that held a license the division suspended or revoked less than two years before the date of the application; or
(d)
- (i) the applicant lists an individual who was an owner, director, or officer of an unincorporated entity at the time the division revoked the unincorporated entity's license; and
- (ii) the applicant applies for licensure within five years after the day on which the unincorporated entity's license is revoked.
(2) The commission shall review the applicant's application before approval of a license if:
- (a) the division suspended or revoked a license that the applicant held two years or more before the date of the application;
(b)
- (i) the applicant is a partnership, corporation, or limited liability company; and
- (ii) a person that serves the applicant entity in a control position previously served in a control position for an entity that held a license that the division suspended or revoked two years or more before the date of the application; or
(c)
- (i) the applicant is an individual or sole proprietorship; and
- (ii) an owner, an agent, or a qualifier served in a control position for an entity that held a license that the division suspended or revoked two years or more before the date of the application.
Enacted by Chapter 42, 2026 General Session