<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".18" citation="COMAR 09.03.06.18" title_num="09" subtitle_num="03" chapter_num="06" heading="Continuing Education.">
  <paragraph num="A.">
    <text>Purpose and Applicability.</text>
    <paragraph num="(1)">
      <text>The State legislature has determined that it is in the public interest to require licensees to comply with a continuing education requirement as a prerequisite to the renewal of a mortgage lender license.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The continuing education requirement does not apply to the original application for a license.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Definitions. In this regulation, the following terms have the meanings indicated:</text>
    <paragraph num="(1)">
      <text>“Continuing education course” or “course” means an educational program related to mortgage lending or brokering which contributes directly to the enhancement of professional competence of a covered employee to engage in the mortgage lending business, as defined in Financial Institutions Article, §11-501, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Covered Employees.</text>
      <paragraph num="(a)">
        <text>“Covered employees” means the person with the required experience under Financial Institutions Article, §11-506(b)(2), (3), and (4), Annotated Code of Maryland, and the manager of each branch office licensed, or required to be licensed, by the Commissioner.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Covered employees” does not include an employee who:</text>
        <paragraph num="(i)">
          <text>Has been employed by the licensee for less than 6 months before the expiration date of the licensee's current license; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Had no prior experience as a covered employee with any other licensee.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Requirements.</text>
    <paragraph num="(1)">
      <text>Except as provided in §A(2) of this regulation, in order to renew a license, each covered employee of a licensee shall successfully complete in the licensing period immediately preceding the current renewal period at least 8 hours of continuing education in approved courses.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The required 8 hours of continuing education shall be the same as the continuing education requirements for mortgage loan originators set forth in Financial Institutions Article, §11-612, Annotated Code of Maryland, and COMAR 09.03.09.03, and include at least the following subjects in the number of hours indicated:</text>
      <paragraph num="(a)">
        <text>Federal law and regulations relating to mortgage origination — 3 hours;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Ethics, including instruction on fraud, consumer protection, and fair lending issues — 2 hours;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Lending standards and loan terms for the nontraditional mortgage product market — 2 hours; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Maryland law and regulations relating to mortgage lending and origination — 1 hour.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Hours in excess of the minimum requirement during any licensing period may not be carried over to a successive period.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Reporting, Verification, and Record Keeping.</text>
    <paragraph num="(1)">
      <text>A licensee, when applying for a license renewal, shall:</text>
      <paragraph num="(a)">
        <text>Provide to the Commissioner any information or certification as the Commissioner may require as proof of satisfactory completion of each covered employee's education requirements; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Submit to the Commissioner, in the manner the Commissioner requires, a list of all covered employees.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The Commissioner may require verification, on a random or other basis, of satisfactory completion of the requirements of this regulation.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A licensee shall retain the evidence reasonably acceptable to the Commissioner to verify satisfactory completion of the requirements of this regulation for a period of at least 3 years after issuance of the renewal license to which it applies.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Nonrenewal, Suspension, or Revocation of License.</text>
    <paragraph num="(1)">
      <text>Subject to the notice and hearing requirements of Financial Institutions Article, §11-518, Annotated Code of Maryland, failure to comply with the requirements of this regulation is grounds for:</text>
      <paragraph num="(a)">
        <text>Denial of a license renewal under Financial Institutions Article, §11-511(b), Annotated Code of Maryland; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Suspension or revocation of a license or other sanctions pursuant to Financial Institutions Article, §11-517, Annotated Code of Maryland.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The Commissioner may issue to a licensee a cease and desist order under Financial Institutions Article, §11-517, Annotated Code of Maryland, which:</text>
      <paragraph num="(a)">
        <text>Prohibits a covered employee who has failed to comply with this regulation from qualifying as the person with the required experience under Financial Institutions Article, §11-506(b)(2), (3), and (4), Annotated Code of Maryland, or acting as a manager of a branch office; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Continues in effect until the licensee demonstrates to the Commissioner completion by the covered employee of all educational requirements of this regulation.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>