§ 23-39-506 - License renewal -- Termination.
23-39-506. License renewal -- Termination.
(a) Each licensed mortgage broker, mortgage banker, and mortgage servicer wishing to renew a license shall:
(1) File a renewal application with the Securities Commissioner in the form prescribed by the commissioner between November 1 and December 31 of the calendar year;
(2) (A) Provide the commissioner with an annual report of mortgage activity.
(B) The commissioner may designate by rule or order the information to be provided in the annual report;
(3) Present proof to the commissioner that the surety bond required in 23-39-505(f)(1) is still in effect; and
(4) Pay the commissioner an annual renewal fee of three hundred fifty dollars ($350) for the licensee's principal place of business and one hundred dollars ($100) for each of the licensee's branch offices.
(b) The failure of a mortgage broker, mortgage banker, or mortgage servicer to timely file a renewal application shall subject the licensee to a late fee of one hundred dollars ($100).
(c) Each licensed loan officer wishing to renew a license shall:
(1) File an application with the commissioner in the form prescribed by the commissioner between November 1 and December 1 of the calendar year;
(2) Certify that the applicant has complied with the continuing education requirements as required by rules promulgated by the commissioner; and
(3) Pay an annual renewal fee of fifty dollars ($50.00).
(d) The failure of a loan officer to timely file a renewal application shall subject the loan officer to a late fee of fifty dollars ($50.00).
(e) (1) (A) A late fee assessed under subsection (b) or subsection (d) of this section shall be in addition to the renewal application fee under subsection (a) or subsection (c) of this section.
(B) All or part of the late fee may be waived by the commissioner for good cause.
(2) (A) The commissioner may consider an application and a license to be abandoned and surrendered and may require the licensee to comply with the requirements for the initial issuance of a license under this subchapter in order to continue in business if the licensee:
(i) Fails to file a renewal application within fifteen (15) days after the date the renewal application is due;
(ii) Unreasonably fails to remedy any deficiency in an application within thirty (30) days following the sending of written notice to the licensee; or
(iii) Unreasonably fails to deliver additional information or documents to the commissioner within thirty (30) days following the sending of written notice to the licensee.
(B) For purposes of this subdivision (e)(2), notice shall be complete upon:
(i) Deposit in the United States mail, postage prepaid, to the address of the licensee listed in the application; or
(ii) Delivery through an automated licensing system approved by the commissioner.
(3) The commissioner shall not reissue a license for which a late fee has accrued as a result of a person's failure to timely file a renewal application unless the late fee has been paid or waived by the commissioner for good cause.
(f) (1) A mortgage banker or a mortgage servicer shall submit audited financial statements to the commissioner within ninety (90) days after the end of the mortgage banker's or mortgage servicer's fiscal year.
(2) The audited financial statements submitted to the commissioner under subdivision (f)(1) of this section shall:
(A) Reflect that the mortgage banker or mortgage servicer has a net worth of at least twenty-five thousand dollars ($25,000); and
(B) Comply with the requirements of 23-39-505(g)(1)(A)-(C).
(3) (A) Failure to timely submit audited financial statements to the commissioner shall result in a late fee of two hundred fifty dollars ($250).
(B) All or part of the late fee may be waived by the commissioner for good cause.