SECTION 660:20-9-2. Filing procedures  


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  • (a)   Transmittal Letter. Every advertisement submitted to the Department, either as a part of a Registration Statement or as a subsequent filing, shall be accompanied by a letter of transmittal which gives a brief, written description of each advertisement filed with the Department to assure that all future correspondence and orders concerning the advertisement will clearly identify the advertisement in question. The letter of transmittal shall be signed by the subdivider or his duly authorized representative and shall verify that the statements made and the representations contained therein have been reviewed and the advertisement is truthful and correct to the best of his knowledge and belief with regard to the statements contained therein.
    (b)   Fee. Each letter of transmittal shall be accompanied by payment of a fee in the amount of ten dollars ($10.00) payable to the Department.
    (c)   Time of filing. All advertising except advertising related to subdivided land or transactions exempt pursuant to Sections 622 and 623 of the Land Sales Act shall be filed with the Administrator not later than ten (10) days prior to its use and shall not be used until a copy thereof has been approved for use by the Administrator except advertising which the Administrator exempts by rule or order.
    (d)   File number. All advertising filed with the Department either with the original registration statement or by subsequent filing shall be assigned a number by the Department in order that the Department or the registrant may refer by the number to any specific piece of advertising. When advertising relates to more than one subdivision owned by the same person or entity, or different persons or entities, but being sold through a common sales agent, an identifying designation shall be assigned such materials but this designation shall not be construed to permit filings related to subdivisions or portions of subdivisions which are not registered with this Department.