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2023 Hawaii Revised Statutes
Title 25. Professions and Occupations
454F. Secure and Fair Enforcement for Mortgage Licensing Act
PART I. GENERAL PROVISIONS
- 454F-1 Definitions.
- 454F-1.5 Registration with NMLS required.
- 454F-1.6 Presumption of control.
- 454F-1.7 Duties of a qualified individual and branch manager.
- 454F-1.8 Sponsorship by mortgage loan originator company, exempt sponsoring mortgage loan originator company, or nonprofit organization.
- 454F-2 Exemptions.
- 454F-2.5 Exempt sponsoring mortgage loan originator company; registration.
- 454F-3 Requirement of licensure.
- 454F-4 License and registration; application; issuance.
- 454F-4.5 Automatic secondary review of license application.
- 454F-4.8 Decision denying application subject to administrative hearing. (a) Within fifteen days following receipt of a decision denying an application, an applicant may petition the commissioner for an administrative hearing that shall be held in accordance with chapter 91 and the rules of the department of commerce and consumer affairs. If a petition for an administrative hearing is not filed within the time specified, the commissioner's decision denying the application shall become a final decision and order denying the application. (b) Upon the receipt of a petition for an administrative hearing, the commissioner shall assign the petition to a hearings officer for further proceedings pursuant to the rules of the department of commerce and consumer affairs. The commissioner shall issue a written final decision and order, following the hearings officer's transmittal to the commissioner of the entire record together with the recommended decision, any timely filed exceptions, and any timely filed statements in support of the recommended decision. [L 2011, c 194, pt of §1]
- 454F-4.9 Abandoned applications. (a) An application for licensure pursuant to this chapter shall be considered abandoned if an applicant fails to provide evidence of continued efforts to complete the licensing application process for thirty days. The thirty-day period shall begin on the last day of contact with the division by the applicant. The commissioner may extend this period for good cause. No refund of filing fees shall be provided to an applicant for an abandoned application. The commissioner shall not be required to act on any abandoned application and is not required to retain abandoned applications or supporting documents. The commissioner may withdraw abandoned applications from NMLS. (b) For purposes of this section, failure to provide evidence of continued efforts to complete the licensing process includes: (1) Failure to submit required documents and other information requested by the commissioner within thirty days from the last date the documents or other information were requested; or (2) Failure to provide the commissioner with any written communication indicating that the applicant is attempting to complete the licensing process for a period of thirty days. (c) If an application is deemed abandoned by the commissioner, the applicant may reapply for licensure after payment of applicable fees and compliance with the licensing requirements in effect at the time of reapplication. (d) An applicant may withdraw an application that has been submitted under this chapter at any time; provided that no refund shall be issued. The commissioner shall treat a withdrawn application as an abandoned application according to this section. [L 2011, c 194, pt of §1; am L 2012, c 252, §8; am L 2013, c 168, §20]
- 454F-5 Issuance of license.
- 454F-6 Pre-licensing and re-licensing; education of mortgage loan originators.
- 454F-7 Testing of mortgage loan originators.
- 454F-8 Standards for license renewal.
- 454F-8.5 Reinstatement of expired licenses.
- 454F-9 Continuing education; mortgage loan originators.
- 454F-10 Authority to require license.
- 454F-10.5 Authorized places of business; designation of qualified individuals and branch managers; branch offices; principal office
- 454F-10.6 Voluntary cessation of operation; surrender of license.
- 454F-10.7 Change in control of a licensee; fees.
- 454F-11 NMLS registry information; challenge process.
- 454F-12 Enforcement authorities; violations; penalties.
- 454F-13 REPEALED.
- 454F-14 Confidentiality.
- 454F-15 Investigation and examination authority.
- 454F-16 Mortgage call reports.
- 454F-17 Prohibited practices.
- 454F-18 Powers of commissioner.
- 454F-19 Unique identifier shown.
- 454F-20 Report to NMLS.
- 454F-21 REPEALED.
- 454F-22 Mortgage loan originator, mortgage loan originator company, exempt sponsoring mortgage loan originator company, and nonprofit organization fees.
- 454F-23 Payment of fees.
- 454F-24 Limited exemption for mortgage loan originators employed by mortgage servicers.
- 454F-25 Nonprofit organizations; mortgage loan originators.
- 454F-26 REPEALED.
Note
Hiring and temporary exchange of employees. L 2010, c 84, 31, 33, and 34.
Revision Note
Chapter was enacted as an addition to title 22 but is redesignated to title 25 pursuant to 23G-15.
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