Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 03 - COMMISSIONER OF FINANCIAL REGULATION
Chapter 09.03.06 - Mortgage Lenders
Section 09.03.06.18 - Continuing Education
Universal Citation: MD Code Reg 09.03.06.18
Current through Register Vol. 52, No. 6, March 21, 2025
A. Purpose and Applicability.
(1) 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.
(2) The continuing education requirement does
not apply to the original application for a license.
B. Definitions. In this regulation, the following terms have the meanings indicated:
(1) "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.
(2)
Covered Employees.
(a) "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.
(b) "Covered
employees" does not include an employee who:
(i) Has been employed by the licensee for
less than 6 months before the expiration date of the licensee's current
license; and
(ii) Had no prior
experience as a covered employee with any other licensee.
C. Requirements.
(1) 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.
(2) 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:
(a) Federal law and regulations relating to
mortgage origination-3 hours;
(b)
Ethics, including instruction on fraud, consumer protection, and fair lending
issues-2 hours;
(c) Lending
standards and loan terms for the nontraditional mortgage product market-2
hours; and
(d) Maryland law and
regulations relating to mortgage lending and origination-1 hour.
(3) Hours in excess of the minimum
requirement during any licensing period may not be carried over to a successive
period.
D. Reporting, Verification, and Record Keeping.
(1) A
licensee, when applying for a license renewal, shall:
(a) 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
(b) Submit to the Commissioner,
in the manner the Commissioner requires, a list of all covered
employees.
(2) The
Commissioner may require verification, on a random or other basis, of
satisfactory completion of the requirements of this regulation.
(3) 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.
E. Nonrenewal, Suspension, or Revocation of License.
(1) 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:
(a) Denial of a
license renewal under Financial Institutions Article, §
11-511(b),
Annotated Code of Maryland; or
(b)
Suspension or revocation of a license or other sanctions pursuant to Financial
Institutions Article, §
11-517,
Annotated Code of Maryland.
(2) The Commissioner may issue to a licensee
a cease and desist order under Financial Institutions Article, §
11-517,
Annotated Code of Maryland, which:
(a)
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
(b) Continues in effect until the licensee
demonstrates to the Commissioner completion by the covered employee of all
educational requirements of this regulation.
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