61-2c-202 - Licensure procedures.
61-2c-202. Licensure procedures.
(1) To apply for licensure under this chapter an applicant shall in a manner provided bythe division by rule:
(a) if the applicant is an entity, submit a licensure statement that:
(i) lists any name under which the entity will transact business in this state;
(ii) lists the address of the principal business location of the entity;
(iii) identifies the principal lending manager of the entity;
(iv) contains the signature of the principal lending manager;
(v) identifies the one or more control persons for the entity;
(vi) identifies the jurisdictions in which the entity is registered, licensed, or otherwiseregulated in the business of residential mortgage loans;
(vii) discloses any adverse administrative action taken by an administrative agencyagainst:
(A) the entity; or
(B) any control person for the entity;
(viii) discloses any history of criminal proceedings involving any control person for theentity; and
(ix) includes any information required by the division by rule;
(b) if the applicant is an individual:
(i) submit a licensure statement that identifies the entity with which the applicant issponsored;
(ii) authorize a criminal background check through the nationwide database accessing:
(A) the Utah Bureau of Criminal Identification, if the nationwide database is able toobtain information from the Utah Bureau of Criminal Identification; and
(B) the Federal Bureau of Investigation;
(iii) submit evidence using a method approved by the division by rule of havingsuccessfully completed approved prelicensing education in accordance with Section 61-2c-204.1;
(iv) submit evidence using a method approved by the division by rule of havingsuccessfully passed any required licensing examination in accordance with Section 61-2c-204.1;and
(v) submit evidence using a method approved by the division by rule of havingsuccessfully registered in the nationwide database, including paying a fee required by thenationwide database; and
(c) pay to the division:
(i) an application fee established by the division in accordance with Section 63J-1-504;and
(ii) the reasonable expenses incurred by the division in processing the application forlicensure.
(2) (a) Upon receiving an application, the division, with the concurrence of thecommission, shall determine whether the applicant:
(i) meets the qualifications for licensure; and
(ii) complies with this section.
(b) If the division, with the concurrence of the commission, determines that an applicantmeets the qualifications for licensure and complies with this section, the division shall issue theapplicant a license.
(c) If the division, with the concurrence of the commission, determines that the divisionrequires more information to make a determination under Subsection (2)(a), the division may:
(i) hold the application pending further information about an applicant's criminalbackground or history related to adverse administrative action in any jurisdiction; or
(ii) issue a conditional license:
(A) pending the completion of a criminal background check; and
(B) subject to suspension or revocation if the criminal background check reveals that theapplicant did not truthfully or accurately disclose on the licensing application a criminal historyor other history related to adverse administrative action.
(3) (a) The commission may delegate to the division the authority to:
(i) review a class or category of application for an initial or renewed license;
(ii) determine whether an applicant meets the qualifications for licensure;
(iii) conduct a necessary hearing on an application; and
(iv) approve or deny a license application without concurrence by the commission.
(b) If the commission delegates to the division the authority to approve or deny anapplication without concurrence by the commission and the division denies an application forlicensure, the applicant who is denied licensure may petition the commission for review of thedenial.
(c) An applicant who is denied licensure under Subsection (3)(b) may seek agencyreview by the executive director only after the commission reviews the division's denial of theapplicant's application.
(d) Subject to Subsection (3)(c) and in accordance with Title 63G, Chapter 4,Administrative Procedures Act, an applicant who is denied licensure under this chapter maysubmit a request for agency review to the executive director within 30 days following the day onwhich the commission order denying the licensure is issued.
Amended by Chapter 379, 2010 General Session