§ 599-D — State license application

§ 599-d. State license application. 1. Form of application. Applicants\nfor a license under this article shall apply on a form prescribed by the\nsuperintendent. Each such form shall contain content as set forth by\nrule, regulation, instruction or procedure of the superintendent and may\nbe changed or updated as necessary by the superintendent in order to\ncarry out the purposes of this article. As part of such application and\nnotwithstanding section eighteen-a of this chapter, the applicant (or\nhis or her originating entity on his or her behalf) shall pay a fee as\ndetermined by the superintendent as an investigation and initial license\nfee; provided, however, that the investigation portion of such fee shall\nbe no more than the superintendent's reasonable estimate of the actual\ncost or costs to the department to undertake such investigation of the\napplicant, and the initial license portion of such fee and the annual\nlicense fee as hereafter required pursuant to this article shall be a\nlicense fee amount determined by the superintendent.\n 2. Charges to originating entities. Any expense of the administration\nof this article with respect to the licensing of mortgage loan\noriginators that is included with an assessment of originating entities\npursuant to section seventeen of this chapter shall be levied only upon\nsuch originating entities having employed or affiliated mortgage loan\noriginators that are required to be licensed.\n 3. Fee collection by the NMLSR. Any fee established pursuant to this\nsection may be collected by the NMLSR and include a processing fee\ncharged by that entity. Any such processing fees shall not be remitted\nto the superintendent and shall not be deemed revenue pursuant to this\nsection or the state finance law.\n 4. Relationship with NMLSR. In order to fulfill the purposes of this\narticle, the superintendent is authorized to establish contracts with\nthe NMLSR or other entities designated by the NMLSR to collect and\nmaintain records and process transaction fees or other fees related to\nlicensees or other persons subject to this article.\n 5. Waiver or modification of requirements. The superintendent is\nauthorized to waive or modify, in whole or part, by rule, regulation or\norder, any and all requirements of this article and to establish new\nrequirements as may be reasonably necessary to participate in the NMLSR\nor to comply with Title V of The Housing and Economic Recovery Act of\n2008, also known as the S.A.F.E. Mortgage Licensing Act, as it may be\namended from time to time, and regulations thereunder or interpretations\nthereof, that may be adopted from time to time by the Secretary of the\nU.S. Department of Housing and Urban Development.\n 6. Electronic filing. Notwithstanding article three of the state\ntechnology law or any other law to the contrary, the superintendent may\nrequire that any application for, or renewal of, a license or for any\nother submission or approval as may be required by this article, be made\nor executed by electronic means, including through the NMLSR or other\nentities designated by the NMLSR if he or she deems it necessary to\nensure the efficient and effective administration of this article.\n 7. NMLSR as agent to distribute criminal background information. For\nthe purposes of this section and in order to expedite the processing of\nall fingerprints, the superintendent is authorized to use the NMLSR as a\nchanneling agent for requesting information from and distributing\ninformation to the U.S. Department of Justice or any governmental\nagency.\n 8. NMLSR as agent to distribute non-criminal background information.\nFor the purposes of this section and in order to expedite the processing\nof all applications, including obtaining independent credit reports and\ninformation related to administrative, civil or criminal findings by any\ngovernmental jurisdiction, the superintendent is authorized to use the\nNMLSR as a channeling agent for requesting and distributing information\nto and from any source.\n 9. Background information. In connection with an application for\nlicensing as a mortgage loan originator, the applicant shall, at a\nminimum, furnish to the NMLSR and the superintendent, as required by the\nsuperintendent, information concerning the applicant's identity,\nincluding:\n (a) Fingerprints for submission to the Federal Bureau of\nInvestigation, and any governmental agency or entity authorized to\nreceive such information for a state, national and international\ncriminal history background check, as may be designated by the\nsuperintendent; and\n (b) Personal history and experience in a form prescribed by the NMLSR,\nincluding the submission of authorization for the NMLSR to obtain:\n (i) an independent credit report from a consumer reporting agency\ndescribed in section 603(p) of the Fair Credit Reporting Act; and\n (ii) information related to any administrative, civil or criminal\nfindings by any governmental jurisdiction.\n (c) The current business name and principal address of the originating\nentity employing the applicant or with which the applicant has an\naffiliation; and\n (d) Such other pertinent information as the superintendent may\nrequire.\n