An Act To Promote Efficiency in Regulation of Consumer Credit Statutes
Maine Legislature, Session 129, LD 1994
Committee: Health Coverage, Insurance and Financial Services
Sponsors: FOLEY
Amends: 9-A MRSA §2, 9-A MRSA §10, 9-A MRSA §12, 10 MRSA §1310-A, 10 MRSA §1396, 10 MRSA §1400-B, 10 MRSA §1495-D, 10 MRSA §1500-H, 32 MRSA §6103, 32 MRSA §6108, 32 MRSA §6110, 32 MRSA §6133, 32 MRSA §6137, 32 MRSA §6173, 32 MRSA §6193, 32 MRSA §11031, 32 MRSA §14053, 32 MRSA §14054, 9-A MRSA §6

Legislative Document
No. 1994
S.P. 696
In Senate, January 8, 2020
An Act To Promote Efficiency in Regulation of Consumer Credit 
Statutes
Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
Rule 203.
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator FOLEY of York.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  9-A MRSA §2-302, sub-§1, as amended by PL 2017, c. 106, §5, is 
further amended to read:
1.   The administrator shall receive and act on all applications for licenses to make or 
service supervised loans under this Act.  Applications must be filed in the manner 
prescribed by the administrator and must contain the information required by the 
administrator to make an evaluation of the financial responsibility, character and fitness 
of the applicant.
A.  For a lender subject to this subsection whose activities include making or 
arranging residential mortgage loans, an The administrator may require an application 
for a license to make or service supervised loans must to be made electronically, 
through the nationwide mortgage licensing system and registry as defined in section 
13-102, subsection 8.  Licenses made electronically through the nationwide mortgage 
licensing system and registry expire December 31st of each year and must be 
renewed through the nationwide mortgage licensing system and registry.  An 
application for an initial license must be accompanied by a fee of $250, and an annual 
renewal application must be accompanied by a fee of $100.  An application for an 
initial license or renewal for a place of business other than that of the applicant's first 
licensed location must be accompanied by a fee of $100. The administrator may 
establish, by rule, fees to apply for or renew licenses, except that the fee for an initial 
application may not exceed $1,000 and for a renewal may not exceed $600 for any 
licensed location.  Renewal applications received after the expiration date are subject 
to a late fee of $100.  An applicant who applies through the nationwide mortgage 
licensing system and registry must also pay a nationwide mortgage licensing system 
and registry processing fee in an amount to be determined by the administrators of 
the nationwide mortgage licensing system and registry.  A Fees set by the 
administrator by rule for a nonprofit organization exempt from taxation under the 
United States Internal Revenue Code, Section 501(c)(3) and engaged in the financing 
of housing for low-income people under a program designed specifically for that 
purpose must pay an initial licensing fee, and a fee for each branch location, of $20 
and a renewal licensing fee and renewal fee for each branch location of $10, may not 
exceed $150 for an initial application and $100 per year for a renewal for any 
licensed location, plus the applicable nationwide mortgage licensing system and 
registry processing fee.
B.  For a lender subject to this subsection whose activities do not include making or 
arranging residential mortgage loans, an initial application for a license must be 
accompanied by a $500 fee and a renewal application must include a $200 fee.  A 
license is granted for a 2-year period and expires on September 30th of the 2nd year.  
An application for an initial license or renewal for a place of business other than that 
of the applicant's first licensed location must be accompanied by a fee of $200.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. A-2.  9-A MRSA §10-201, as repealed and replaced by PL 2013, c. 466, §7, 
is amended to read:
§10-201.  Licensing and biennial relicensing renewal licensing
A person desiring to engage or continue in business in this State as a loan broker shall 
apply to the administrator for a license under this Article as set forth in this section.  The 
administrator may refuse the application if it contains erroneous or incomplete 
information.  A license may not be issued unless the administrator, upon investigation, 
finds that the financial responsibility, character and fitness of the applicant and, when 
applicable, its partners, officers and directors and, when applicable, the character and 
fitness of its mortgage loan originators, warrant belief that the business will be operated 
honestly and fairly within the purposes of this Title.
1.  Loan broker whose activities include arranging for or obtaining an extension 
of credit for a residential mortgage loan.  A loan broker subject to this section whose 
activities include arranging for or obtaining an extension of credit for a residential 
mortgage loan must apply for a license electronically through the nationwide mortgage 
licensing system and registry. The initial application must include a fee of $300 and a 
renewal application must include a fee of $150.  An application for a branch location 
license for a location other than that of the first licensed location from which the 
applicant conducts business or from which the applicant conducts business under a 
different name than that listed on the first license must be accompanied by a license fee of 
$150 and an annual renewal fee of $75.  The applicant must also pay such nationwide 
mortgage licensing system and registry processing fees as are established by the 
nationwide mortgage licensing system and registry.  A license expires on December 31st 
of each year and must be renewed through the nationwide mortgage licensing system and 
registry. Notwithstanding other remedies available under this Title, an application 
received after the due date is subject to an additional fee of $100.  A licensed loan broker 
subject to this subsection may conduct business only through a mortgage loan originator 
who possesses a current, valid license.
2.  Loan broker whose activities do not include arranging for or obtaining an 
extension of credit for a residential mortgage loan.  The initial application for a license 
as a loan broker subject to this section whose activities do not include arranging for or 
obtaining an extension of credit for a residential mortgage loan must be made directly to 
the administrator.  Initial licenses are granted for a period not to exceed 2 years and 
expire January 31st.  The initial application must include a fee of $600, and a biennial 
relicensing application must include a fee of $300.  An application for a branch location 
license for a location other than that of the first licensed location from which the 
applicant conducts business or from which the applicant conducts business under a 
different name than that listed on the first license must be accompanied by a license fee of 
$300 and a biennial renewal fee of $150.  Notwithstanding other remedies available under 
this Title, applications received after the due date are subject to an additional fee of $100.
3.  Nationwide mortgage licensing system and registry.  The administrator may 
require licensing of loan brokers subject to this section through the nationwide mortgage 
licensing system and registry as defined in section 13-102, subsection 8.  The 
administrator is authorized to participate in the nationwide mortgage licensing system and 
registry.
4.  Fees and requirements.  In all cases, whether licensing is through the nationwide 
mortgage licensing system and registry or otherwise, the administrator may establish, by 
rule, requirements for licensing, including but not limited to:
A.  Background checks for:
(1)  Criminal history through fingerprint or other databases;
(2)  Civil or administrative records;
(3)  Credit history; or
(4)  Any other information determined necessary by the nationwide mortgage 
licensing system and registry;
B.  The payment of fees to apply for or renew licenses, except that the fee for an 
initial application may not exceed $1,000 and for a yearly renewal may not exceed 
$600.  If licensing is through the nationwide mortgage licensing system and registry, 
an applicant must also pay a nationwide mortgage licensing system and registry 
processing fee in an amount to be determined by the administrators of the nationwide 
mortgage licensing system and registry.  Renewal applications received after the due 
date are subject to an additional fee of $100;
C.  The setting or resetting as necessary of renewal or reporting dates; and
D.  Other requirements for application for, amendment of or revocation of a license 
or any other activity as the administrator considers necessary.
A licensed loan broker whose activities include arranging for or obtaining an 
extension of credit for a residential mortgage loan may conduct business only through a 
mortgage loan originator who possesses a current, valid license.
The administrator may direct each licensee to file composite annual and quarterly 
reports relating to all brokered loans arranged or obtained by that licensee. Information 
contained in annual and quarterly reports is confidential and may be published only in 
composite form. The administrator may at any time require additional reports if the 
administrator determines such action necessary to the proper supervision of licensees.
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. A-3.  9-A MRSA §12-106, sub-§2, as enacted by PL 2007, c. 394, §1 and 
affected by §3, is amended to read:
2.   Registration must be filed in the manner prescribed by the administrator and must 
contain the information the administrator requires to make an evaluation of the character, 
fitness and financial responsibility of the applicant.  The initial application must be 
accompanied by a $500 fee.  A renewal registration must include a $200 fee.  A 
registration must be renewed every 2 years and expires on September 30th.  The 
administrator may require registration through the nationwide mortgage licensing system 
and registry as defined in section 13-102, subsection 8.  The administrator is authorized to 
participate in the nationwide mortgage licensing system and registry.
In all cases, whether registration is through the nationwide mortgage licensing system and 
registry or otherwise, the administrator may establish, by rule, requirements for 
registration, including but not limited to:
A.  Background checks for:
(1)  Criminal history through fingerprint or other databases;
(2)  Civil or administrative records;
(3)  Credit history; or
(4)  Any other information determined necessary by the nationwide mortgage 
licensing system and registry;
B.  The payment of fees to apply for or renew registrations, except that the fee for an 
initial application may not exceed $800 and for a renewal may not exceed $500.  If 
registration is through the nationwide mortgage licensing system and registry, an 
applicant must also pay a nationwide mortgage licensing system and registry 
processing fee in an amount to be determined by the administrators of the nationwide 
mortgage licensing system and registry.  Renewal applications received after the due 
date are subject to an additional fee of $100;
C.  The setting or resetting as necessary of renewal or reporting dates; and
D.  Other requirements for application for, amendment of or revocation of a 
registration or any other such activities as the administrator considers necessary.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. A-4.  10 MRSA §1310-A, sub-§1, ¶G, as enacted by PL 2013, c. 228, §1, is 
repealed and the following enacted in its place:
G.  Require registration of consumer reporting agencies located in this State or 
serving users within this State through the nationwide mortgage licensing system and 
registry as defined in Title 9-A, section 13-102, subsection 8.  The administrator is 
authorized to participate in the nationwide mortgage licensing system and registry.
In all cases, whether licensing is through the nationwide mortgage licensing system 
and registry or otherwise, the administrator may establish, by rule, requirements for 
registration, including but not limited to:
(1)  Background checks for:
(a)  Criminal history through fingerprint or other databases;
(b)  Civil or administrative records;
(c)  Credit history; or
(d)  Any other information determined necessary by the nationwide mortgage 
licensing system and registry;
(2)  The payment of fees to apply for or renew registrations, except that the fee 
for an initial application may not exceed $500 and for a renewal may not exceed 
$500.  If licensing is through the nationwide mortgage licensing system and 
registry, an applicant must also pay a nationwide mortgage licensing system and 
registry processing fee in an amount to be determined by the administrators of the 
nationwide mortgage licensing system and registry.  Renewal applications 
received after the due date are subject to an additional fee of $100;
(3)  The setting or resetting as necessary of renewal or reporting dates; and
(4)  Other requirements for application for, amendment of or revocation of a 
registration or any other such activities as the administrator considers necessary.
Rules adopted pursuant to this paragraph are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A.
Sec. A-5.  10 MRSA §1396, sub-§2, as enacted by PL 2009, c. 61, §1, is amended 
to read:
2.  Issuance of license; requirements; fees.  An application for a license as an 
exchange facilitator must be in writing and filed with the administrator in the manner and 
form prescribed by the administrator. The administrator shall set an application fee for a 
primary office not to exceed $350 and for any branch offices not to exceed $200.  All 
funds received by the administrator under this chapter are appropriated for the use of the 
administrator. The administrator may require licensing through the nationwide mortgage 
licensing system and registry as defined in Title 9-A, section 13-102, subsection 8.  The 
administrator is authorized to participate in the nationwide mortgage licensing system and 
registry.
In all cases, whether licensing is through the nationwide mortgage licensing system and 
registry or otherwise, the administrator may establish, by rule, requirements for licensing, 
including but not limited to:
A.  Background checks for:
(1)  Criminal history through fingerprint or other databases;
(2)  Civil or administrative records;
(3)  Credit history; or
(4)  Any other information determined necessary by the nationwide mortgage 
licensing system and registry;
B.  The payment of fees to apply for or renew licenses, except that the fee for an 
initial application may not exceed $600 and for a renewal may not exceed $500.  If 
licensing is through the nationwide mortgage licensing system and registry, an 
applicant must also pay a nationwide mortgage licensing system and registry 
processing fee in an amount to be determined by the administrators of the nationwide 
mortgage licensing system and registry.  Renewal applications received after the due 
date are subject to an additional fee of $100;
C.  The setting or resetting as necessary of renewal or reporting dates; and
D.  Other requirements for application for, amendment of or revocation of a license 
or any other such activities as the administrator considers necessary.
All funds received by the administrator under this chapter are appropriated for the use of 
the administrator, and any balance of the funds does not lapse but must be carried forward 
to be expended for the same purposes in the following fiscal year.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. A-6.  10 MRSA §1396, sub-§3, as enacted by PL 2009, c. 61, §1, is 
repealed.
Sec. A-7.  10 MRSA §1400-B, sub-§1, as enacted by PL 2009, c. 61, §2, is 
amended to read:
1.   Registration.  A person may not directly or indirectly engage in or carry on, or 
purport to engage in or carry on, the business of, or act in the capacity of, a settlement 
agency in this State without first registering with the administrator in accordance with 
this chapter. The registration must be in a manner and form prescribed by the 
administrator. The administrator shall set a registration fee for a primary office or a 
branch office not to exceed $25. All funds received by the administrator under this 
chapter are appropriated for the use of the administrator. The administrator may require 
registration through the nationwide mortgage licensing system and registry as defined in 
Title 9-A, section 13-102, subsection 8. The administrator is authorized to participate in 
the nationwide mortgage licensing system and registry.
In all cases, whether licensing is through the nationwide mortgage licensing system and 
registry or otherwise, the administrator may establish, by rule, requirements for 
registration, including but not limited to:
A.  Background checks for:
(1)  Criminal history through fingerprint or other databases;
(2)  Civil or administrative records;
(3)  Credit history; or
(4)  Any other information determined necessary by the nationwide mortgage 
licensing system and registry;
B.  The payment of fees to apply for or renew registrations, except that the fee for an 
initial application may not exceed $300 and for a renewal may not exceed $300.  If 
licensing is through the nationwide mortgage licensing system and registry, an 
applicant must also pay a nationwide mortgage licensing system and registry 
processing fee in an amount to be determined by the administrators of the nationwide 
mortgage licensing system and registry.  Renewal applications received after the due 
date are subject to an additional fee of $100;
C.  The setting or resetting as necessary of renewal or reporting dates; and
D.  Other requirements for application for, amendment of or revocation of a 
registration or any other such activities as the administrator considers necessary.
All funds received by the administrator under this chapter are appropriated for the use of 
the administrator, and any balance of the funds does not lapse but must be carried forward 
to be expended for the same purposes in the following fiscal year.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. A-8.  10 MRSA §1400-B, sub-§3, as enacted by PL 2009, c. 61, §2, is 
amended to read:
3.  Renewal.  On or before April 30th of each year, a settlement agency registered 
under this chapter shall pay an annual renewal fee of $25 as determined pursuant to 
subsection 1 and shall file with the administrator a renewal form containing such 
information as the administrator may require.
Sec. A-9.  10 MRSA §1495-D, sub-§1-A is enacted to read:
1-A.  License requirements; fees.  The administrator may require licensing under 
this section through the nationwide mortgage licensing system and registry as defined in 
Title 9-A, section 13-102, subsection 8.  The administrator is authorized to participate in 
the nationwide mortgage licensing system and registry.
In all cases, whether licensing is through the nationwide mortgage licensing system and 
registry or otherwise, the administrator may establish, by rule, requirements for licensing, 
including but not limited to:
A.  Background checks for:
(1)  Criminal history through fingerprint or other databases;
(2)  Civil or administrative records;
(3)  Credit history; or
(4)  Any other information determined necessary by the nationwide mortgage 
licensing system and registry;
B.  The payment of fees to apply for or renew licenses, except that the fee for an 
initial application may not exceed $1,200 and for a renewal may not exceed $1,200.  
If licensing is through the nationwide mortgage licensing system and registry, an 
applicant must also pay a nationwide mortgage licensing system and registry 
processing fee in an amount to be determined by the administrators of the nationwide 
mortgage licensing system and registry.  Renewal applications received after the due 
date are subject to an additional fee of $100;
C.  The setting or resetting as necessary of renewal or reporting dates; and
D.  Other requirements for application for, amendment of or revocation of a license 
or any other such activities as the administrator considers necessary.
The aggregate of license fees and other fees and assessments provided for by this chapter 
is appropriated for the use of the administrator.  Any balance of these funds does not 
lapse but must be carried forward to be expended for the same purpose in the following 
fiscal year.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. A-10.  10 MRSA §1495-D, sub-§4, as repealed and replaced by PL 2011, c. 
308, §5, is repealed.
Sec. A-11.  10 MRSA §1500-H, sub-§6, as repealed and replaced by PL 2017, c. 
475, Pt. A, §13, is amended to read:
6.  Enforcement.  The superintendent may require the filing of notification by an 
administrator pursuant to Title 9-A, section 6-202 and section 6-203, subsection 1.  The 
superintendent may require the filing of waivers in use by an administrator.  Upon request 
by the superintendent, an administrator shall annually file a record of waivers 
administered by the administrator.
The superintendent may take action that is necessary or appropriate to enforce the 
provisions of this chapter and to protect borrowers who hold waivers in this State.  In 
cases in which a credit union or financial institution authorized to do business in this 
State, as defined in Title 9-B, section 131, subsections 12-A and 17-A, is a creditor, the 
Superintendent of Financial Institutions is responsible for enforcement.  After notice and 
opportunity for hearing, the superintendent may:
A.  Order the creditor, administrator or any other person not in compliance with this 
chapter to cease and desist from further waiver-related operations that are in violation 
of this chapter; and
B.  Impose a penalty of not more than $500 per violation and not more than $10,000 
in the aggregate for all violations of a similar nature.  For purposes of this paragraph, 
violations must be considered of a similar nature if the violations consist of the same 
or a similar course of conduct, action or practice, irrespective of the number of times 
the conduct, action or practice that is determined to be a violation of this chapter 
occurred.
Sec. A-12.  10 MRSA §1500-H, sub-§6-A is enacted to read:
6-A.  Registration; fees.  The superintendent may require registration of an 
administrator that may include use of the nationwide mortgage licensing system and 
registry as defined in Title 9-A, section 13-102, subsection 8. The administrator is 
authorized to participate in the nationwide mortgage licensing system and registry.
In all cases, whether registration is through the nationwide mortgage licensing system and 
registry or otherwise, the administrator may establish, by rule, requirements for 
registration, including but not limited to:
A.  Background checks for:
(1)  Criminal history through fingerprint or other databases;
(2)  Civil or administrative records;
(3)  Credit history; or
(4)  Any other information determined necessary by the nationwide mortgage 
licensing system and registry;
B.  The payment of fees to apply for or renew registrations, except that the fee for an 
initial application may not exceed $300 and for a renewal may not exceed $300.  If 
registration is through the nationwide mortgage licensing system and registry, an 
applicant must also pay a nationwide mortgage licensing system and registry 
processing fee in an amount to be determined by the administrators of the nationwide 
mortgage licensing system and registry.  Renewal applications received after the due 
date are subject to an additional fee of $100;
C.  The setting or resetting as necessary of renewal or reporting dates; and
D.  Other requirements for application for, amendment of or revocation of a 
registration or any other such activities as the administrator considers necessary.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. A-13.  10 MRSA §1500-H, sub-§7, ¶B, as repealed and replaced by PL 
2017, c. 475, Pt. A, §13, is amended to read:
B.  Subsection 2, paragraph C and subsections 4 and, 6 and 6-A are not applicable to 
a waiver offered in connection with a retail installment sale associated with a 
commercial transaction.
Sec. A-14.  32 MRSA §6103, sub-§3 is enacted to read:
3.  Nationwide mortgage licensing system and registry.  The administrator may 
require licensing under this section through the nationwide mortgage licensing system 
and registry as defined in Title 9-A, section 13-102, subsection 8.  The administrator is 
authorized to participate in the nationwide mortgage licensing system and registry.
Sec. A-15.  32 MRSA §6103, sub-§4 is enacted to read:
4.  License requirements; fees.  In all cases, whether licensing is through the 
nationwide mortgage licensing system and registry or otherwise, the administrator may 
establish, by rule, requirements for licensing under this section, including but not limited 
to:
A.  Background checks for:
(1)  Criminal history through fingerprint or other databases;
(2)  Civil or administrative records;
(3)  Credit history; or
(4)  Any other information determined necessary by the nationwide mortgage 
licensing system and registry;
B.  The payment of fees to apply for or renew licenses, except that the fee for an 
initial application may not exceed $1,200 and for a renewal may not exceed $1,000.  
If licensing is through the nationwide mortgage licensing system and registry, an 
applicant must also pay a nationwide mortgage licensing system and registry 
processing fee in an amount to be determined by the administrators of the nationwide 
mortgage licensing system and registry.  Renewal applications received after the due 
date are subject to an additional fee of $100;
C.  The setting or resetting as necessary of renewal or reporting dates; and
D.  Other requirements for application for, amendment of or revocation of a license 
or any other such activities as the administrator considers necessary.
In addition, the application or renewal application must be accompanied by a registration 
fee of $50 for each authorized delegate designated by the licensee, up to a maximum of 
$2,500. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. A-16.  32 MRSA §6108, as enacted by PL 1997, c. 155, Pt. A, §2, is repealed.
Sec. A-17.  32 MRSA §6110, sub-§1, as enacted by PL 1997, c. 155, Pt. A, §2, is 
repealed.
Sec. A-18.  32 MRSA §6110, sub-§2, as enacted by PL 1997, c. 155, Pt. A, §2, is 
amended to read:
2.  Annual report.  The renewal fee established pursuant to section 6103, subsection 
must be accompanied by a report in a form prescribed by the administrator.  The form 
must be sent by the administrator to each licensee no later than 3 months immediately 
preceding the date established by the administrator for license renewal.  The licensee 
must include the following in its annual renewal report:
A.   A copy of its most recent audited annual financial statement, including balance 
sheet, statement of income or loss, statement of changes in shareholder's equity and 
statement of changes in financial position.  With the approval of the administrator, in 
the case of a licensee that is a wholly owned subsidiary of another corporation, the 
consolidated audited annual financial statement of the parent corporation may be filed 
in lieu of the licensee's audited annual financial statement;
B.   For the most recent quarter for which data are available prior to the date of the 
filing of the renewal application, but in no event more than 120 days prior to the 
renewal date, the number of payment instruments sold by the licensee in the State, the 
dollar amount of those instruments and the dollar amount of those instruments 
currently outstanding;
C.   Any material changes to any of the information submitted by the licensee on its 
original application that have not previously been reported to the administrator on 
any other report required to be filed under this subchapter; and
D.   A list of the locations within this State at which business regulated by this 
subchapter is being conducted by either the licensee or its authorized delegate.
The administrator is authorized, for good cause shown, to waive any requirement of this 
subsection with respect to any renewal application or to permit a renewal applicant to 
submit substituted information in its renewal application in lieu of the information 
required by this subsection.
Sec. A-19.  32 MRSA §6110, sub-§3, as enacted by PL 1997, c. 155, Pt. A, §2, is 
amended to read:
3.  Suspension.  A licensee that has not filed a renewal report or paid its renewal fee 
established pursuant to section 6103, subsection 4 by the renewal filing deadline and has 
not been granted an extension of time to do so by the administrator must be notified by 
the administrator, in writing, that its license is suspended.  At the licensee's request, the 
suspension may be stayed, and a hearing will be scheduled, at which time the licensee 
will be required to show cause why its license should not be suspended pending 
compliance with these requirements.
Sec. A-20.  32 MRSA §6133, sub-§2, as enacted by PL 1997, c. 155, Pt. A, §2, is 
amended to read:
2.  Additional locations.  A registrant may conduct its business in this State at one or 
more locations, directly or indirectly owned, or through one or more authorized delegates, 
subject to the additional requirements set forth in this section 6137.
Sec. A-21.  32 MRSA §6133, sub-§3 is enacted to read:
3.  Nationwide mortgage licensing system and registry.  The administrator may 
require registration under this section through the nationwide mortgage licensing system 
and registry as defined in Title 9-A, section 13-102, subsection 8. The administrator is 
authorized to participate in the nationwide mortgage licensing system and registry.
Sec. A-22.  32 MRSA §6133, sub-§4 is enacted to read:
4.  Registration requirements; fees.  In all cases, whether registration is through the 
nationwide mortgage licensing system and registry or otherwise, the administrator may 
establish, by rule or order, requirements for registration under this section, including but 
not limited to:
A.  Background checks for:
(1)  Criminal history through fingerprint or other databases;
(2)  Civil or administrative records;
(3)  Credit history; or
(4)  Any other information determined necessary by the nationwide mortgage 
licensing system and registry;
B.  The payment of fees to apply for or renew registrations, including for locations 
other than the applicant's main office location, except that the fee for an initial 
application may not exceed $500 and for a renewal may not exceed $500.  If 
registration is through the nationwide mortgage licensing system and registry, an 
applicant must also pay a nationwide mortgage licensing system and registry 
processing fee in an amount to be determined by the administrators of the nationwide 
mortgage licensing system and registry.  Renewal applications received after the due 
date are subject to an additional fee of $100;
C.  The setting or resetting as necessary of renewal or reporting dates; and
D.  Other requirements for application for, amendment of or revocation of a 
registration or any other such activities as the administrator considers necessary.
The aggregate of all fees, including those provided for by this section and in section 
6140, is appropriated for the use of the administrator.  Any balance of the funds does not 
lapse but must be carried forward to be expended for the same purposes in the following 
fiscal year.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. A-23.  32 MRSA §6137, as enacted by PL 1997, c. 155, Pt. A, §2, is repealed.
Sec. A-24.  32 MRSA §6173, as amended by PL 2009, c. 243, §4, is further 
amended to read:
§6173.  Registration and annual reregistration
2.  Registration and reregistration.  An organization desiring to act, or continue to 
act, as a debt management service provider shall apply to the administrator for 
registration or reregistration in accordance with this chapter.  The application must be in a 
form prescribed by the administrator.  The administrator may refuse the application if it 
contains erroneous or incomplete information.  A registration may not be issued unless 
the administrator, upon investigation, finds that the financial soundness and 
responsibility, insurance coverage, consumer education programs and services 
component, character and fitness of the applicant and, when applicable, its partners, 
officers or directors, warrant belief that the business will be operated honestly and fairly 
within the purposes of this chapter.  The initial application for registration may be filed at 
any time and must include a fee of $500.  A registration or reregistration under this 
chapter expires on December 31st of the year approved.  An annual reregistration 
application must be filed by December 1st of each year for the following year and must 
include a fee of $250.
2-A.  Separate registration required.  A separate registration is required for each 
place of business.  An application fee of $250 must accompany an application for 
registration for a place of business other than that of the first registered location of the 
registrant.
2-B.  Registration requirements; fees.  The administrator may require registration 
under this section through the nationwide mortgage licensing system and registry as 
defined in Title 9-A, section 13-102, subsection 8.  The administrator is authorized to 
participate in the nationwide mortgage licensing system and registry.
In all cases, whether registration is through the nationwide mortgage licensing system and 
registry or otherwise, the administrator may establish, by rule, requirements for 
registration, including but not limited to:
A.  Background checks for:
(1)  Criminal history through fingerprint or other databases;
(2)  Civil or administrative records;
(3)  Credit history; or
(4)  Any other information determined necessary by the nationwide mortgage 
licensing system and registry;
B.  The payment of fees to apply for or renew registrations, except that the fee for an 
initial application may not exceed $800 and for a renewal may not exceed $600.  If 
registration is through the nationwide mortgage licensing system and registry, an 
applicant must also pay a nationwide mortgage licensing system and registry 
processing fee in an amount to be determined by the administrators of the nationwide 
mortgage licensing system and registry.  Renewal applications received after the due 
date are subject to an additional fee of $100;
C.  The setting or resetting as necessary of renewal or reporting dates; and
D.  Other requirements for application for, amendment of or revocation of a 
registration or any other such activities as the administrator considers necessary.
3.  Action on registration application.  The administrator shall take action on an 
application within 30 days after the administrator has accepted the application as 
complete.  Upon written request, the applicant is entitled to a hearing on the question of 
the applicant's qualifications for registration if the administrator has notified the applicant 
in writing that the application has been denied or the administrator has not issued a 
registration within 30 days after the application for the registration was accepted as 
complete by the administrator.  A request for a hearing may not be made more than 60 
days after the application was accepted as complete or the administrator has mailed a 
written notice to the applicant stating that the application has been denied and stating the 
reasons for the denial of the application.
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. A-25.  32 MRSA §6193, as enacted by PL 2007, c. 596, §1, is amended to 
read:
§6193.  License required; license requirements; fees
A foreclosure purchaser may not engage in the business of foreclosure purchasing in 
this State without first obtaining a license from the administrator, except that a supervised 
financial organization as defined in Title 9-A, section 1-301, subsection 38-A is not 
required to be licensed. The requirements for obtaining a license under this chapter must 
be substantially similar to the requirements for a supervised lender license as provided in 
Title 9-A, section 2-301.  The administrator may require licensing through the nationwide 
mortgage licensing system and registry as defined in Title 9-A, section 13-102, 
subsection 8.  The administrator is authorized to participate in the nationwide mortgage 
licensing system and registry.
In all cases, whether licensing is through the nationwide mortgage licensing system 
and registry or otherwise, the administrator may establish, by rule or order, requirements 
for licensing, including but not limited to:
1.  Background checks.  Background checks for:
A.  Criminal history through fingerprint or other databases;
B.  Civil or administrative records;
C.  Credit history; or
D.  Any other information determined necessary by the nationwide mortgage 
licensing system and registry;
2.  Fees.  The payment of fees to apply for or renew licenses, except that the fee for 
an initial application may not exceed $1,000 and for a renewal may not exceed $600.  If 
licensing is through the nationwide mortgage licensing system and registry, an applicant 
must also pay a nationwide mortgage licensing system and registry processing fee in an 
amount to be determined by the administrators of the nationwide mortgage licensing 
system and registry.  Renewal applications received after the due date are subject to an 
additional fee of $100;
3.  Dates.  The setting or resetting as necessary of renewal or reporting dates; and
4.  Other requirements.  Other requirements for application for, amendment of or 
revocation of a license or any other such activities as the administrator considers 
necessary.
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. A-26.  32 MRSA §11031, sub-§2, as amended by PL 2009, c. 243, §6, is 
further amended to read:
2.  Licenses.  Licenses granted by the superintendent under this section are for a 
period of 2 years and expire on July 31st or at such other times as the superintendent may 
designate.  Each license may be renewed biennially as long as the superintendent regards 
the business as responsible and safe, but in all cases terminate unless renewed by the 
expiration date. Each license must plainly state the name and business address of the 
licensee and be posted in a conspicuous place in the office where the business is 
transacted.  The fee for each biennial license is $600.  When the unexpired license term of 
an applicant is or will be less than one year at a time of licensure, the license fee may not 
exceed 1/2 the biennial license fee.  If a licensee desires to carry on business in more than 
one place, the licensee shall procure a branch office license for each additional place 
where the business is to be conducted.  The fee for each biennial branch office license is 
$300.  Notwithstanding other remedies available under this chapter, applications received 
after the due date are subject to an additional fee of $100.  The administrator may require 
licensing through the nationwide mortgage licensing system and registry as defined in 
Title 9-A, section 13-102, subsection 8.  The administrator is authorized to participate in 
the nationwide mortgage licensing system and registry.
In all cases, whether licensing is through the nationwide mortgage licensing system and 
registry or otherwise, the administrator may establish, by rule or order, requirements for 
licensing, including but not limited to:
A.  Background checks for:
(1)  Criminal history through fingerprint or other databases;
(2)  Civil or administrative records;
(3)  Credit history; or
(4)  Any other information determined necessary by the nationwide mortgage 
licensing system and registry;
B.  The payment of fees to apply for or renew licenses, except that the fee for an 
initial application may not exceed $800 and for a renewal may not exceed $500.  If 
licensing is through the nationwide mortgage licensing system and registry, an 
applicant must also pay a nationwide mortgage licensing system and registry 
processing fee in an amount to be determined by the administrators of the nationwide 
mortgage licensing system and registry.  Renewal applications received after the due 
date are subject to an additional fee of $100;
C.  The setting or resetting as necessary of renewal or reporting dates; and
D.  Other requirements for application for, amendment of or revocation of a license 
or any other such activities as the administrator considers necessary.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. A-27.  32 MRSA §14053, as amended by PL 1997, c. 29, §1, is further 
amended to read:
§14053.  Registration process requirements
1.  Statement.  Except as otherwise provided in this section, each employee leasing 
company required to be registered under section 14052 shall provide the superintendent 
with information required by the superintendent on forms that the superintendent 
specifies.  At a minimum, employee leasing companies shall provide the following 
information:  The superintendent may require registration through the nationwide 
mortgage licensing system and registry as defined in Title 9-A, section 13-102, 
subsection 8.  The superintendent is authorized to participate in the nationwide mortgage 
licensing system and registry.
The superintendent shall, at a minimum, require employee leasing companies to provide 
the following information:
A.    The name or names under which the registrant conducts business;
B.    The address of the principal place of business of the employee leasing company 
and the address of each office it maintains in this State;
C.    The employee leasing company's taxpayer or employer identification number;
D.    A list by jurisdiction of each name under which the employee leasing company 
has operated in the preceding 5 years, including any alternative names, names of 
predecessors and, if known, successor business entities;
E.    A list of all persons or entities that own a 5% or greater interest in the employee 
leasing company at the time of application and a list of persons who formerly owned 
a 5% or greater interest in the employee leasing company or its predecessors in the 
preceding 5 years; and
F.    A list of the cancellations or nonrenewals of workers' compensation insurance 
issued to the employee leasing company or its predecessors in the preceding 5 years.  
The list must include the policy or certificate numbers, names of insurers or other 
providers of coverage, dates of cancellation and reasons for cancellation.  If coverage 
has not been canceled or has been renewed, the registration must include a sworn 
affidavit signed by the chief executive officer of the employee leasing company 
attesting to that fact.
1-A.  Registration process authorized.  In all cases, whether registration is through 
the nationwide mortgage licensing system and registry or otherwise, the superintendent 
may establish, by rule, requirements for registration, including but not limited to:
A.  Background checks for:
(1)  Criminal history through fingerprint or other databases;
(2)  Civil or administrative records;
(3)  Credit history; or
(4)  Any other information determined necessary by the nationwide mortgage 
licensing system and registry;
B.  The payment of fees to apply for or renew registrations, except that the fee for an 
initial application may not exceed $1,000 and for a renewal may not exceed $500.  If 
registration is through the nationwide mortgage licensing system and registry, an 
applicant must also pay a nationwide mortgage licensing system and registry 
processing fee in an amount to be determined by the administrators of the nationwide 
mortgage licensing system and registry.  Renewal applications received after the due 
date are subject to an additional fee of $100;
C.  The setting or resetting as necessary of any renewal or reporting dates; and
D.  Other requirements for application for, amendment of or revocation of a 
registration or any other such activities as the superintendent considers necessary. 
Fees provided for by this chapter are appropriated for the use of the Bureau of Consumer 
Credit Protection. Any balance of these funds does not lapse but must be carried forward 
to be expended for the same purpose in the following year.
2.  Renewal.  Prior to January 31st of each year or any other time fixed by the 
superintendent, each registrant shall renew its registration by notifying the superintendent 
of any changes in the information previously provided pursuant to this section.
3.  List.  The superintendent shall maintain a list of employee leasing companies 
registered under this chapter.
4.  Forms.  The superintendent may prescribe forms necessary to promote the 
efficient administration of this section.
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. A-28.  32 MRSA §14054, as amended by PL 2013, c. 257, §2, is repealed.
PART B
Sec. B-1.  9-A MRSA §6-104-B is enacted to read:
§6-104-B.  Deputy superintendent
The Superintendent of Consumer Credit Protection may appoint a deputy 
superintendent, subject to the approval of the Commissioner of Professional and Financial 
Regulation and in accordance with the Civil Service Law. The deputy superintendent 
shall perform the duties of the Superintendent of Consumer Credit Protection whenever 
the Superintendent of Consumer Credit Protection is absent from the State; the deputy 
superintendent is directed to do so by the Superintendent of Consumer Credit Protection; 
there is a vacancy in the office of the Superintendent of Consumer Credit Protection; or 
the Superintendent of Consumer Credit Protection is incapacitated by illness. In the event 
of a vacancy in the office of the Superintendent of Consumer Credit Protection or the 
Superintendent of Consumer Credit Protection's incapacitating illness or absence from the 
State at a time when there is no deputy superintendent, the commissioner may designate a 
special deputy superintendent to perform the duties of the Superintendent of Consumer 
Credit Protection for a period not to exceed 6 months.
SUMMARY
Part A of this bill amends application and renewal fee provisions for entities licensed 
and regulated by the Bureau of Consumer Credit Protection to allow the bureau to utilize 
rulemaking to adjust fees when necessary to fund the consumer protection and regulatory 
work of the agency or to reduce fees if cash balances in bureau accounts reach 
unnecessarily high levels. The bill also allows the bureau to use the nationwide mortgage 
licensing system and registry to license or register regulated entities.
Part B of the bill authorizes the Superintendent of Consumer Credit Protection to 
appoint a deputy superintendent.