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<regulation prefix="Regulation" num=".04" citation="COMAR 09.03.06.04" title_num="09" subtitle_num="03" chapter_num="06" heading="Licensing and Application Requirements.">
  <paragraph num="A.">
    <text>Scope.</text>
    <paragraph num="(1)">
      <text>If otherwise required to be licensed under Financial Institutions Article, §11-502, Annotated Code of Maryland, a person is not exempt because the person:</text>
      <paragraph num="(a)">
        <text>Is an out-of-State deposit-taking financial institution;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Does not have offices in Maryland;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Does not have tax situs in Maryland; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Is not required to register as a foreign corporation doing business in Maryland.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Repealed.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>For purposes of Financial Institutions Article, §11-506, Annotated Code of Maryland, an individual is considered to have at least 3 years of experience in the mortgage lending business if:</text>
      <paragraph num="(a)">
        <text>The individual has received compensation in connection with a minimum of 12 closed mortgage loans per year for each of the 3 years; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The individual has worked in the mortgage lending business at least an average of 20 hours per week for each of the 3 years.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>The Commissioner may consider the totality of an individual's particular duties and activities while engaged in the mortgage lending business to determine whether the individual has at least 3 years of experience.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>For purposes of Financial Institutions Article, §11-506, Annotated Code of Maryland, a “principal officer” includes:</text>
      <paragraph num="(a)">
        <text>An individual who owns, directly or indirectly, 10 percent or more of the business entity;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An individual who serves on the board of directors or board of managers;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>An elected or appointed senior officer, including President, Executive Vice President, Senior Vice President, Treasurer, Secretary, Chief Executive Officer, Chief Operating Officer, Chief Legal Officer, Chief Credit Officer, and Chief Compliance Officer; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>An individual, regardless of title, who has the power to direct the management or policies of the mortgage lending business.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Unlicensed Mortgage Lender. A licensee may not broker a loan to, or accept a loan referral from, a person the licensee knows is not licensed by the Commissioner, unless the licensee reasonably and in good faith believes that the person is properly licensed or exempt from the licensing requirement.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Renewals.</text>
    <paragraph num="(1)">
      <text>A licensee may renew a license by filing a completed renewal application before the expiration of its current license.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A person who fails to comply with §C(1) of this regulation shall file an application for a new license with all application and investigation fees, unless the renewal application is filed with the Commissioner within 30 days after the date on which the current license expired.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Bond Termination.</text>
    <paragraph num="(1)">
      <text>If a licensee's bond, letter of credit, or trust account is cancelled, expired, or closed and no substitute bond or authorized security is in place:</text>
      <paragraph num="(a)">
        <text>Upon notice of the termination from the bond surety, or issuer of the letter of credit or trust account, the licensee shall immediately cease doing any business as a mortgage lender; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The mortgage lender's license is suspended.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>If the termination remains in effect for more than 30 days, an application for a new license shall be filed with all application and investigation fees.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Loan Processing Under Expired License.</text>
    <paragraph num="(1)">
      <text>If a licensee files an application for license renewal with the Commissioner at least 2 calendar weeks before the license expires and the Commissioner has not approved the application before the license expires, the licensee may continue to process and close loans until the Commissioner takes final action on the application in accordance with State Government Article, §10-226(b), Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If a licensee files an application for license renewal with the Commissioner less than 2 calendar weeks before the license expires and the Commissioner has not approved the application before the license expires, the licensee shall cease processing and closing loans when the license expires.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Complaint Resolution.</text>
    <paragraph num="(1)">
      <text>A licensee shall designate a person as being responsible for, and authorized to make, decisions regarding the resolution of complaints received from the Commissioner.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A licensee shall provide to the Commissioner the name of the person designated under §G(1) of this regulation as part of an application for:</text>
      <paragraph num="(a)">
        <text>A new license; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A license renewal.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>A person designated under §G(1) of this regulation shall have:</text>
      <paragraph num="(a)">
        <text>The necessary skills and knowledge of the mortgage industry to be able to adequately respond to consumer complaints; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Authority to resolve the complaint, or shall report directly to an individual with such authority.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>A licensee shall notify the Commissioner through NMLS of any change in the person designated under §G(1) of this regulation within 10 business days of the change.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Designation of Mortgage-Related Activity.</text>
    <paragraph num="(1)">
      <text>A licensee shall designate on its original license application and on any license renewal application whether it will act, under its license, as one or more of the following:</text>
      <paragraph num="(a)">
        <text>A lender;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A mortgage broker; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A mortgage servicer.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Notification.</text>
      <paragraph num="(a)">
        <text>A licensee shall notify the Commissioner in writing through NMLS if, after the issuance or the renewal of its license, the licensee begins conducting a new activity that the licensee did not designate under §H(1) of this regulation.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A licensee shall deliver the notification through NMLS to the Commissioner within 10 business days after beginning the new activity.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>NMLS.</text>
  </paragraph>
  <paragraph num="I.">
    <text>Applications.</text>
    <paragraph num="(1)">
      <text>The Commissioner shall approve or deny an application for an initial license, a renewal license, or a license amendment within 60 days after the Commissioner receives a completed application, including, if applicable, a surety bond and all required fees.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the Commissioner notifies an applicant that an application for an initial license, a renewal license, or a license amendment is incomplete, the Commissioner shall itemize the steps that the applicant must take to complete the application.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The application for an initial license, a renewal license, or a license amendment may not be approved until after the applicant completes all steps identified in the Commissioner’s notice.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>If an application for an initial license, a renewal license, or license amendment is incomplete when submitted and remains incomplete, the Commissioner may cease processing and deem the incomplete application withdrawn, provided that the Commissioner has previously notified the applicant of the basis for incompleteness in accordance with §J(2) of this regulation, and given the applicant not less than 15 days to correct the incompleteness.</text>
    </paragraph>
  </paragraph>
</regulation>