§ 36a-489a — Prelicensing education, written test and annual continuing education requirements.

Connecticut § 36a-489a

• Jurisdiction: Connecticut
• Title 36a: The Banking Law of Connecticut
• Ch. 668: Nondepository Financial Institutions

Text

(a)(1) In order to meet the prelicensing education and testing requirements referred to in section 36a-489, an individual shall complete: (A) At least twenty hours of education approved in accordance with subdivision (2) of this subsection, which shall include at least (i) three hours of instruction on relevant federal law and regulations; (ii) three hours of ethics training, including instruction on fraud, consumer protection and fair lending issues; and (iii) two hours of training related to lending standards for the nontraditional mortgage product marketplace. (B) At least one hour of education approved in accordance with subdivision (2) of this subsection on relevant Connecticut law. (2) For purposes of subdivision (1) of this subsection, prelicensing education courses shall be reviewed and approved by the system based upon reasonable standards. Review and approval of a prelicensing education course shall include review and approval of the course provider. (3) Nothing in this subsection shall preclude any prelicensing education course, as approved by the system, that is provided by the sponsor or employer of the individual or an entity which is affiliated with the individual by an agency contract, or any subsidiary or affiliate of such sponsor, employer or entity. (4) Prelicensing education may be offered either in a classroom, online or by any other means approved by the system. (5) When prelicensing education requirements described in subdivision (1) of this subsection are completed in another state, such out-of-state prelicensing education requirements shall be accepted as credit towards completion of the prelicensing education requirements of this state, provided such out-of-state prelicensing education requirements are approved by the system. (6) (A) An individual previously licensed under section 36a-489 , who is applying to be relicensed shall prove that such individual has completed any continuing education requirements in effect when the license was last held, except that an individual required to retake prelicensing education pursuant to subparagraph (B) of subdivision (7) and subparagraph (B) of subdivision (8) of this subsection shall not be required to complete any outstanding continuing education requirements. (B) An individual who previously held a position as a qualified individual or branch manager, at a time when such individual was not required to be licensed as a mortgage loan originator, may not hold such position again until such individual has completed all of the continuing education requirements for the year in which such individual last held such position and, effective November 1, 2012, has obtained the required mortgage loan originator license. (7) (A) If an individual has not obtained a mortgage loan originator license in any state or an active federal registration by the date that is three years from the date such individual completed twenty hours of prelicensing education pursuant to subparagraph (A) of subdivision (1) of this subsection, such individual shall be required to retake twenty hours of prelicensing education in accordance with subparagraph (A) of subdivision (1) of this subsection prior to being licensed as either a mortgage loan originator or a loan processor or underwriter. (B) If an individual previously held but no longer holds an approved mortgage loan originator license in any state or an active federal registration, such individual shall obtain a mortgage loan originator license in any state or an active federal registration not later than three years from the date such individual last held such license or registration, or such individual shall retake twenty hours of prelicensing education in accordance with subparagraph (A) of subdivision (1) of this subsection prior to being licensed as a mortgage loan originator or loan processor or underwriter. (8) (A) If an individual has not obtained a mortgage loan originator license or a loan processor or underwriter license in this state by the date that is three years from the date such individual completed one hour of Connecticut specific prelicensing education pursuant to subparagraph (B) of subdivision (1) of this subsection, such individual shall retake one hour of Connecticut specific prelicensing education prior to being licensed as a mortgage loan originator or loan processor or underwriter. (B) If an individual previously held but no longer holds an approved mortgage loan originator license or loan processor or underwriter license in this state, such individual shall obtain a mortgage loan originator license or loan processor or underwriter license in this state not later than three years from the date such individual last held such license, or such individual shall be required to retake one hour of Connecticut specific prelicensing education in accordance with subparagraph (B) of subdivision (1) of this subsection prior to being licensed as a mortgage loan originator or loan processor or underwriter. (b) (1) In order to meet the written test requirements referred to in section 36a-489 , an individual shall pass, in accordance with the standards established under this subsection, a qualified written test developed by the system and administered by a test provider approved by the system based upon reasonable standards. (2) A written test shall not be treated as a qualified written test for purposes of subdivision (1) of this subsection unless the test adequately measures the individual's knowledge and comprehension in appropriate subject areas, including ethics, federal law and regulation pertaining to mortgage origination, state law and regulation pertaining to mortgage origination, and federal and state law and regulation, including instruction on fraud, consumer protection, the nontraditional mortgage marketplace and fair lending issues. (3) Nothing in this subsection shall prohibit a test provider approved by the system from providing a test at the location of the sponsor or employer, any subsidiary or affiliate of the sponsor or employer or any entity with which the individual holds an exclusive arrangement to conduct the business of a mortgage loan originator. (4) (A) An individual shall not be considered to have passed a qualified written test unless the individual achieves a test score of not less than seventy-five per cent correct answers to questions. (B) An individual may retake a test three consecutive times with each consecutive taking occurring at least thirty days after the preceding test. After failing three consecutive tests, an individual shall wait at least six months before taking the test again. (C) (i) An individual who was previously licensed as a mortgage loan originator who completed the test in connection with such license and who has not been licensed as a mortgage loan originator within the five-year period preceding the date of the filing of such individual's application for a mortgage loan originator license, not taking into account any time during which such individual was a registered mortgage loan originator, shall retake such test; and (ii) an individual previously licensed as a loan processor or underwriter who applies to be licensed again shall retake the test if such individual has not been licensed as a loan processor or underwriter within the five-year period preceding the date of the filing of such application, not taking into account any time during which such individual was engaged in loan processing or underwriting but not required to be licensed under subdivision (3) of subsection (b) of section 36a-486 . (c) (1) In order to meet the annual continuing education requirements referred to in subsection (b) of section 36a-489 , a licensed mortgage loan originator, a qualified individual or branch manager and a licensed loan processor or underwriter, shall complete at least eight hours of education approved in accordance with subdivision (2) of this subsection. Such courses shall include at least (A) three hours of instruction on relevant federal law and regulation; (B) two hours of ethics, including instruction on fraud, consumer protection and fair lending issues; (C) two hours of training related to lending standards for the nontraditional mortgage product marketplace; and (D) effective January 1, 2015, one hour of relevant Connecticut law. (2) For purposes of subdivision (1) of this subsection, continuing education courses shall be reviewed and approved by the system based upon reasonable standards. Review and approval of a continuing education course shall include review and approval of the course provider. (3) Nothing in this subsection shall preclude any education course approved by the system that is provided by the sponsor or employer or an entity that is affiliated with the mortgage loan originator, qualified individual, branch manager or loan processor or underwriter by an agency contract, or by any subsidiary or affiliate of such sponsor, employer or entity. (4) Continuing education may be offered either in a classroom, online or by any other means approved by the system. (5) Except as provided in procedures adopted under subsections (a) and (b) of section 36a-489 or in regulations adopted under subdivision (9) of this subsection, a licensed mortgage loan originator, qualified individual, branch manager or a licensed loan processor or underwriter, may only receive credit for a continuing education course in the year for which the course is taken, and may not take the same approved course in the same or successive years to meet the annual requirements for continuing education. (6) A licensed mortgage loan originator, a qualified individual, a branch manager or a licensed loan processor or underwriter who is an approved instructor of an approved continuing education course may receive credit for the licensee's own annual continuing education requirement at the rate of two hours credit for every one hour taught. (7) When education requirements described in subparagraphs (A)(i) to (A)(iii), inclusive, of subdivision (1) of subsection (a) of this section are completed in another state, such out-of-state education requirements shall be accepted as credit towards completion of the education requirements of this state, provided such out-of-state education requirements are approved by the system. (8) A licensed mortgage loan originator and a licensed loan processor or underwriter who subsequently becomes unlicensed must complete the continuing education requirements for the last year in which the license was held prior to issuance of an initial or renewed license. A qualified individual or branch manager who ceases to hold such position shall complete the continuing education requirements for the last year in which such individual or branch manager held such position prior to licensure as a mortgage loan originator. (9) A person who meets the requirements of subparagraphs (A)(i) and (A)(ii) of subdivision (2) of subsection (a) or subparagraphs (A)(i) and (A)(iii) of subdivision (2) of subsection (b) of section 36a-489 may compensate for any deficiency in an individual's continuing education requirements pursuant to regulations adopted by the commissioner. (d) For purposes of this section “nontraditional mortgage product” means any mortgage product other than a thirty-year fixed rate mortgage.

Legislative History

(P.A. 09-209, S. 9; P.A. 11-216, S. 17; P.A. 12-96, S. 13; P.A. 14-89, S. 36; P.A. 17-38, S. 5; 17-233, S. 8; P.A. 18-173, S. 92.) History: P.A. 09-209 effective July 31, 2009; P.A. 11-216 amended Subsec. (a) to add reference to Sec. 36a-488, replace “applicant” with “individual” and make a technical change in Subdiv. (1), to add “employer” and replace “applicant” with “individual” in Subdiv. (3), and to replace “person” with “individual”, make technical changes and add Subpara. (B) re continuing education requirements for individuals who previously held qualified individual or branch manager positions in Subdiv. (6), amended Subsec. (b) to add reference to Sec. 36a-488 and make a technical change in Subdiv. (1), to replace “applicant's” with “individual's” in Subdiv. (2), to add “employer”, delete “of the applicant”, replace “applicant” with “individual” and add “or acts as a qualified individual or branch manager” in Subdiv. (3), to replace “three” with “four” in Subdiv. (4)(B), and to add clauses (i) to (iii) re requirements for retaking a test in Subdiv. (4)(C), amended Subsec. (c) to revise reference to Sec. 36a-489 and add “a qualified individual or branch manager and, effective October 1, 2011, a licensed loan processor or underwriter” in Subdiv. (1), to delete “of the mortgage loan originator” and add “employer” and “qualified individual or branch manager or, effective October 1, 2011, loan processor or underwriter” in Subdiv. (3), to make technical changes, revise reference to Sec. 36a-489 and add “qualified individual or branch manager or, effective October 1, 2011, a licensed loan processor or underwriter” in Subdiv. (5), to add “or a qualified individual or branch manager or, effective October 1, 2011, a licensed loan processor or underwriter” in Subdiv. (6), and to add “and, effective October 1, 2011, a licensed loan processor or underwriter” and add provision re continuing education requirements for qualified individuals or branch managers in Subdiv. (8), and amended Subsec. (d) to delete definition of “system”, effective July 13, 2011; P.A. 12-96 amended Subsec. (a)(6)(B) to add provisions re previously held position at a time when individual was not required to be licensed as a mortgage loan originator and re individual to obtain required mortgage loan originator license, amended Subsec. (b) to delete provision re acting as a qualified individual or branch manager in Subdiv. (3) and, in Subdiv. (4), replace “four” with “three” re retaking of test in Subpara. (B) and delete former Subpara. (C)(ii), and amended Subsec. (c) to replace “holding such position again” with “licensure as a mortgage loan originator” in Subdiv. (8) and make technical changes in Subdivs. (5) and (9); P.A. 14-89 amended Subsec. (a)(1) to replace “twenty” with “twenty-one” re hours of education and to add Subpara. (D) re 1 hour of relevant Connecticut law and amended Subsec. (c)(1) to add Subpara. (D) re 1 hour of relevant Connecticut law; P.A. 17-38 amended Subsec. (a) by deleting reference to Sec. 36a-488 in Subdiv. (1), deleting provisions re effective date of prelicensing and testing requirements, replacing “all of the” with “any”, replacing “for the year in which” with “in effect when”, and deleting reference to November 1, 2012 in Subdiv. (6), amended Subsec. (b) by deleting reference to Sec. 36a-488 in Subdiv. (1), and adding “previously”, deleting provision re effective date of prelicensing and testing requirements, adding “as a mortgage loan originator who completed the test in connection with such license and”, and deleting reference to October 1, 2011 in Subdiv. (4)(C), amended Subsec. (c) by deleting references to October 1, 2011, deleting reference to Sec. 36a-489(a) in Subdiv. (1), replacing “(A)(iii)” with “(A)(ii)” and adding “subparagraphs (A)(i) and (A)(iii) of subdivision (2) of subsection” in Subdiv. (9), and made technical changes; P.A. 17-233 amended Subsec. (a)(1) by designating existing provisions re instruction and training as new Subpara. (A) and amending same by redesignating existing Subparas. (A) to (C) as clauses (i) to (iii), replacing 21 hours with 20 hours, and deleting former Subpara. (D) re one hour of relevant Connecticut law, adding new Subpara. (B) re at least one hour of approved education on relevant Connecticut law, amended Subsec. (a)(6) by adding provision re individual required to retake prelicensing education, added Subsecs. (a)(7) and (a)(8) re mortgage loan originator, loan processor or underwriter license, amended Subsec. (b)(7) by adding “subparagraphs (A)(i) to (A)(iii), inclusive, of”, and made technical and conforming changes, effective January 1, 2019; P.A. 18-173 amended Subsec. (a) by deleting reference to Sec. 36a-488 in Subdiv. (1), deleting references to applicable effective date of prelicensing and testing requirements, and replacing “all of the continuing education requirements for the year in which” with “any continuing education requirements in effect when” in Subdiv. (6), amended Subsec. (b) by deleting reference to Sec. 36a-488 in Subdiv. (1), replacing “individual who was licensed subsequent to the applicable effective date of the prelicensing and testing requirements referred to in section 36a-489” with “individual who was previously licensed as a mortgage loan originator who completed the test in connection with such license” in Subdiv. (4)(C)(i), amended Subsec. (c) by deleting reference to Sec. 36a-489(a) in Subdiv. (1), and replacing “(A)(iii)” with “(A)(ii)” and adding “subparagraphs (A)(i) and (A)(iii) of subdivision (2) of subsection” re Sec. 36a-489(b), deleted references to October 1, 2011, and made technical and conforming changes, effective January 1, 2019.