Code of Alabama

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5-26-6
Section 5-26-6 Issuance of license. The supervisor shall not issue a mortgage loan originator
license unless the Supervisor makes at a minimum the following findings: (1) NO LICENSE REVOCATION.
The applicant has never had a mortgage loan originator license revoked in any governmental
jurisdiction, except that a subsequent formal vacation of such revocation shall not be deemed
a revocation. (2) NO FELONY CONVICTION. The applicant has not been convicted of, or pled guilty
or nolo contendere to, a felony in a domestic, foreign, or military court: (a) During the
seven-year period preceding the date of the application for licensing and registration; or
(b) At any time preceding such date of application, if such felony involved an act of fraud,
dishonesty, or a breach of trust, or money laundering; (c) Provided that any pardon of a conviction
shall not be a conviction for purposes of this subsection. (3) CHARACTER AND FITNESS. The
applicant has demonstrated financial responsibility,...
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5-19-22
Section 5-19-22 License to engage in business of making consumer loans or taking assignments
of consumer credit contracts - Required; exceptions; application; investigation; standards
for issuance; hearing; licensing under Small Loan Act; fees; participation in Nationwide Mortgage
Licensing System and Registry. (a) No creditor shall engage in any one or more of the following
activities without first having obtained a license from the administrator: (1) Making consumer
loans to Alabama residents, regardless of whether the creditor has a place of business in
Alabama or an employee residing in Alabama. (2) Making consumer loans originated by an individual
required to be licensed as a mortgage loan originator under the Alabama Secure and Fair Enforcement
for Mortgage Licensing Act of 2009. (3) Taking assignments of consumer credit contracts, either
from a place of business in Alabama or through use of an employee residing in Alabama whose
employment includes taking assignments of consumer...
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5-25-5
Section 5-25-5 Application for license. (a) An application for a license under this chapter
shall be made in writing, under oath, and in the form as the department may prescribe. (b)
The application shall include all of the following: (1) The legal name, business address,
and telephone number of the applicant and, if the applicant is a partnership, association,
corporation, or other group of individuals, however organized, the legal name, residence,
and business address of every principal, together with the resume of the applicant and of
every principal of the applicant. (2) The name under which the applicant will conduct business
in the state. (3) The complete address of the applicant's initial registered office and any
other locations at which the applicant will engage in any business activity covered by this
chapter. (4) Any other data, financial statements, and pertinent information as the department
may require with respect to the applicant, its directors, principals, trustees,...
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5-26-5
Section 5-26-5 State license and registration application and issuance. (1) Application form.
Applicants for a license shall apply in a form as prescribed by the supervisor. Each such
form shall contain content as set forth by rule, regulation, instruction, or procedure of
the supervisor and may be changed or updated as necessary by the supervisor in order to carry
out the purposes of this chapter. (2) License fee. Each application shall be filed with an
initial license fee of seventy-five dollars ($75). This license fee shall be in addition to
the fees required to apply through the Nationwide Mortgage Licensing System and Registry.
(3) Supervisor may establish relationships or contracts. In order to fulfill the purposes
of this chapter, the supervisor is authorized to establish relationships or contracts with
the Nationwide Mortgage Licensing System and Registry or other entities designated by the
Nationwide Mortgage Licensing System and Registry to collect and maintain records and...
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5-26-13
Section 5-26-13 Enforcement authorities, violations, and penalties. (1) In order to ensure
the effective supervision and enforcement of this chapter the supervisor may: (a) Deny, suspend,
revoke, condition, or decline to renew a license for a violation of this chapter, rules or
regulations issued under this chapter or order or directive entered under this chapter, or
for failure to comply with any other state or federal law, including the rules and regulations
thereunder, applicable to any business authorized or conducted under this act. (b) Deny, suspend,
revoke, condition, or decline to renew a license if an applicant or licensee fails at any
time to meet the requirements of Section 5-26-6 or Section 5-26-9, or withholds information
or makes a material misstatement in an application for a license or renewal of a license.
(c) Order restitution against persons subject to this chapter for violations of this chapter.
(d) Impose fines on persons subject to this chapter pursuant to...
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34-26-46
Section 34-26-46 Grounds for disciplinary action; mental or physical competence; penalties;
judicial review; disciplinary oversight. (a) The board shall suspend, place on probation,
or require remediation, or any combination thereof, for any psychologist or psychological
technician for a specified time, to be determined at the discretion of the board, or revoke
any license to practice as a psychologist or psychological technician or take any other action
specified in the rules and regulations whenever the board finds by a preponderance of the
evidence that the psychologist or psychological technician has engaged in any of the following
acts or offenses: (1) Fraud or deception in applying for or procuring a license to practice
as a psychologist or psychological technician; or in passing the examination provided for
in this chapter. (2) Practice as a psychologist or psychological technician under a false
or assumed name or the impersonation of another practitioner of a like or different...
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5-26-9
Section 5-26-9 Standards for license renewal. (1) In general. The minimum standards for license
renewal for mortgage loan originators shall include the following: (a) The mortgage loan originator
continues to meet the minimum standards for license issuance under Section 5-26-6(1) to (6),
inclusive. (b) The mortgage loan originator has satisfied the annual continuing education
requirements described in Section 5-26-10. (c) The mortgage loan originator has paid all required
fees for renewal of the license. The fee related to the renewal of the license shall be seventy-five
dollars ($75). This license renewal fee shall be in addition to the fees required to renew
through the Nationwide Mortgage Licensing System and Registry. (2) Failure to satisfy minimum
standards of license renewal. The license of a mortgage loan originator failing to satisfy
the minimum standards for license renewal shall expire. The supervisor may adopt procedures
for the reinstatement of expired licenses consistent...
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5-26-4
Section 5-26-4 License and registration required. (1) In general. An individual, unless specifically
exempted from this chapter under subsection (2), shall not engage in the business of a mortgage
loan originator with respect to any dwelling located in this state without first obtaining
and maintaining annually a license under this chapter. Each licensed mortgage loan originator
must register with and maintain a valid unique identifier issued by the Nationwide Mortgage
Licensing System and Registry. (2) Exemption from this chapter. The following are exempt from
and are not subject to this chapter: (a) Registered mortgage loan originators, loan processors,
loss mitigation specialists, and other employees when acting for an entity described in Section
5-26-3(11)(a)(i),(ii), or (iii) are exempt from this chapter. (b) Any individual who offers
or negotiates terms of a residential mortgage loan with or on behalf of an immediate family
member of the individual. (c) Any individual who offers...
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5-26-10
Section 5-26-10 Continuing education for mortgage loan originators. (1) In general. In order
to meet the annual continuing education requirements referred to in Section 5-26-9(1)(b),
a licensed mortgage loan originator shall complete at least eight hours of education approved
in accordance with subsection (2), which shall include at least: (a) Three hours of federal
law and regulations; (b) Two hours of ethics, which shall include instruction on fraud, consumer
protection, and fair lending issues; and (c) Two hours of training related to lending standards
for the nontraditional mortgage product marketplace. (2) Approved educational courses. For
purposes of subsection (1), continuing education courses shall be reviewed and approved by
the Nationwide Mortgage Licensing System and Registry based upon reasonable standards. Review
and approval of a continuing education course shall include review and approval of the course
provider. (3) Approval of employer and affiliate educational...
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5-26-8
Section 5-26-8 Testing of loan originators. (1) In general. In order to meet the written test
requirement referred to in Section 5-26-6(5), an individual shall pass, in accordance with
the standards established under this subsection, a qualified written test developed by the
Nationwide Mortgage Licensing System and Registry and administered by a test provider approved
by the Nationwide Mortgage Licensing System and Registry based upon reasonable standards.
(2) Qualified test. A written test shall not be treated as a qualified written test for purposes
of subsection (1) unless the test adequately measures the applicant's knowledge and comprehension
in appropriate subject areas, including: (a) Ethics; (b) Federal law and regulation pertaining
to mortgage origination; (c) State law and regulation pertaining to mortgage origination;
(d) Federal and state law and regulation, including instruction on fraud, consumer protection,
the nontraditional mortgage marketplace, and fair lending...
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