(1) A person interested in being appointed as a license agent shall file at the nearest regional office on an application form provided by the department.

(2) The application must be signed and provide sufficient information for the department to determine the eligibility for an appointment as set forth in (3) of this rule and for the department, for security, to perform sufficient background checks to insure that applicants and appointees conform to the law and rules.

(3) Before making an appointment, the department shall consider the following:

(a) the financial responsibility and security of the applicant and the applicant's business or activity;

(i) the applicant shall have satisfactory credit ratings and must meet the bonding or security requirements of ARM 12.3.208;

(ii) an applicant shall have conducted business for at least one year at the location for which the license agent appointment is requested, unless a waiver is approved by the department;

(b) unless a waiver is approved by the department, the type of business or accessibility of the applicant's place of business to the public, including but not limited to:

(i) location of the business;

(ii) sporting goods stores;

(iii) hours the business is open to the public;

(c) the availability of existing license agents to serve the public convenience and the volume of the expected sales;

(d) applicant's willingness to reimburse the department for the cost of the required electronic device and willingness to provide a dedicated telephone line to be attached to the device; and

(e) first in time, first in consideration.

(4) This rule will be implemented when the automated license system is operational as authorized by the director.