An Act To Improve the Efficiency of Certain Consumer Credit Protection Laws
Maine Legislature, Session 130, LD 1466
Committee: Health Coverage, Insurance and Financial Services
Sponsors: TEPLER, SANBORN
Amends: 9-A MRSA §1, 9-A MRSA §2, 9-A MRSA §6, 10 MRSA §1273, 10 MRSA §1495-H, 30-A MRSA §3964-A, 32 MRSA §6102, 32 MRSA §11051, 32 MRSA §11051-B, 32 MRSA §11051-C, 33 MRSA §527, 9-A MRSA §12, 9-A MRSA §10, 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, 32 MRSA §11013, 32 MRSA §11019, 32 MRSA §11020, 4 MRSA §18-B

Legislative Document
No. 1466
H.P. 1082
House of Representatives, April 12, 2021
An Act To Improve the Efficiency of Certain Consumer Credit 
Protection Laws
Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
Rule 204.
Received by the Clerk of the House on April 8, 2021.  Referred to the Committee on Health 
Coverage, Insurance and Financial Services pursuant to Joint Rule 308.2 and ordered printed 
pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative TEPLER of Topsham.
Cosponsored by Senator SANBORN of Cumberland.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  9-A MRSA §1-201, sub-§1, as amended by PL 2005, c. 604, §1, is 
further amended to read:
1.   Except as otherwise provided in this section, this Act applies to consumer credit 
transactions and open-end credit plans made or entered into in this State. For purposes of 
this Act, a consumer credit transaction or open-end credit plan is made or entered into in 
this State if: the creditor, wherever located, enters into a consumer credit transaction or 
open-end credit plan with a consumer who is located in this State.
A.  A signed writing evidencing the obligation or offer of the consumer is received by 
the creditor in this State;
B.  The creditor, wherever located, induces the consumer who is a resident of this State 
to enter into the transaction or open-end credit plan by face-to-face, mail, telephone or 
electronic mail solicitation in this State; or
C.  With respect to a payday loan, the lender, wherever located, enters into a payday 
loan transaction with a consumer who is located in this State.
Sec. A-2.  9-A MRSA §1-301, sub-§17, as amended by PL 2017, c. 106, §1, is 
further amended by amending the 4th blocked paragraph to read:
A Except with respect to credit sales of automobiles, a person regularly extends consumer 
credit only if the person extended credit other than credit subject to high-cost mortgage 
loan requirements more than 25 times or more than 5 times for transactions secured by a 
dwelling in the preceding calendar year. With respect to credit sales of automobiles, a 
person regularly extends consumer credit only if the person extended credit more than 15 
times in the preceding calendar year. If a person did not meet these numerical standards in 
the preceding calendar year, the numerical standards must be applied to the current calendar 
year.
Sec. A-3.  9-A MRSA §2-301, sub-§2, as amended by PL 2017, c. 106, §4, is 
further amended to read:
2.   Taking assignments of and undertaking direct collection of payments from or 
enforcement of rights from an office in this State against debtors arising from supervised 
loans; or
Sec. A-4.  9-A MRSA §6-116, sub-§2, as amended by PL 2009, c. 402, §4, is 
further amended to read:
2.   Financial information not normally available to the public that is submitted in 
confidence by an individual or organization to comply with the licensing, registration or 
other regulatory functions of the administrator, including information derived from a credit 
or background investigation conducted pursuant to section 6-105-A, subsection 2;
Sec. A-5.  9-A MRSA §6-203, sub-§3-D is enacted to read:
3-D.   Notwithstanding subsection 3-C, the administrator may by rule adjust the fees 
paid with respect to creditors that are not supervised financial organizations making 
residential mortgage loans to support the costs of compliance and staff attorney positions. 
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 §1273, as enacted by PL 1993, c. 115, §1 and amended by PL 
1995, c. 309, §27, is further amended to read:
§1273.  Administrative enforcement
The Director of Consumer Credit Regulation Superintendent of Consumer Credit 
Protection may take appropriate action to ensure compliance with this chapter, including 
without limitation:  to receive and act on complaints; negotiate an assurance in writing that 
a violator will not engage in the same or similar conduct in the future; conduct hearings in 
accordance with the Maine Administrative Procedure Act and issue a cease and desist order 
for violation of this chapter; and refer cases to the Attorney General, who may bring a civil 
action against a person for knowingly violating a written assurance of discontinuance.  If a 
court finds a violation of this chapter it may assess a civil forfeiture of not more than $1,000.
Sec. A-7.  10 MRSA §1495-H, sub-§6, as enacted by PL 2003, c. 668, §6 and 
affected by §12, is repealed and the following enacted in its place:
6.  Action on license. After notice and the opportunity for hearing before the 
administrator, revocation, suspension or nonrenewal of the payroll processor's license.
A respondent aggrieved by an order of the administrator may obtain judicial review of the 
order in the Superior Court. The proceeding for review is initiated and conducted in 
accordance with Title 5, chapter 375, subchapter 7.
Sec. A-8.  30-A MRSA §3964-A, sub-§3, as amended by PL 2011, c. 427, Pt. D, 
§19, is further amended to read:
3.  Model forms.  The Director of Consumer Credit Regulation Superintendent of 
Consumer Credit Protection may issue model disclosure forms and clauses to facilitate 
compliance with the disclosure and computational requirements of this subchapter, 
pursuant to the truth-in-lending provisions of the Maine Consumer Credit Code, Title 9-A, 
Article 8-A.
Sec. A-9.  32 MRSA §6102, sub-§10, as enacted by PL 1997, c. 155, Pt. A, §2, is 
amended to read:
10.  Money transmission.  "Money transmission" means the business of selling or 
issuing payment instruments or the business of receiving money, including digital 
currencies, for transmission or transmitting money, including digital currencies, within the 
United States or to locations abroad by any means, including, but not limited to, payment 
instrument, wire, facsimile or electronic transfer.
Sec. A-10.  32 MRSA §11051, as amended by PL 2009, c. 243, §7, is further 
amended to read:
§11051.  Investigation, suspension and revocation of licenses
The Bureau of Consumer Credit Protection may examine or investigate the records and 
practices of any person the superintendent administrator believes has engaged in conduct 
governed by this chapter in accordance with Title 9‑A, section 6‑106, may review and 
approve collection letters proposed for use in this State and may charge for expenses 
incurred pursuant to Title 9‑A, section 6‑106, subsection 6.  The superintendent may file a 
complaint with the District Court to suspend or revoke a license issued pursuant to this 
chapter, if, after investigation or hearing, or both, the superintendent has reason to believe 
that the licensee has violated any provisions of this chapter or any administrative rules 
issued pursuant to this chapter, or has failed to maintain its financial condition sufficient to 
qualify for a license on an original application.
After notice and opportunity for hearing, the administrator may suspend or revoke a 
licensee's license issued pursuant to this chapter if the administrator finds that:
1.  Grounds for denial.  A fact or condition exists that, if it had existed at the time 
when the licensee applied for its license, would have been grounds for denying the 
application;
2.  Violations.  The licensee has knowingly violated any material provision of this 
chapter or any rule adopted or order validly issued by the administrator under authority of 
this chapter;
3.  Safety and soundness.  The licensee is conducting its business in an unsafe or 
unsound manner;
4.  Insolvency.  The licensee is insolvent;
5.  Failure to meet obligations.  The licensee has suspended payment of its 
obligations, has made an assignment for the benefit of its creditors or has admitted in 
writing its inability to pay its debts as they become due;
6.  Bankruptcy.  The licensee has applied for an adjudication of bankruptcy, 
reorganization, arrangement or other relief under any bankruptcy;
7.  Refusal of examination.  The licensee has refused to permit the administrator to 
make an examination authorized by this chapter;
8.  Failure to respond.  The licensee has failed to promptly and adequately respond to 
communications from the administrator; or
9.  Failure to file report.  The licensee has willfully failed to make a report required 
by this chapter.
Sec. A-11.  32 MRSA §11051-B is enacted to read:
§11051-B.  Administrative enforcement orders
1.  Cease and desist.  After notice and hearing, the administrator may order a person 
to cease and desist from engaging in violations of this chapter or a lawful rule adopted or 
order issued by the administrator and may further order that the person take appropriate 
corrective action to reimburse consumers in cases in which consumers have been charged 
amounts in excess of those permitted by this chapter. Notice and hearing need not be 
provided prior to issuance of an order to cease and desist when, in the opinion of the 
administrator, immediate action is required to protect the public interest and:
A.  The debt collector has not complied with section 11031; or
B.  The debt collector does not maintain a permanent place of business in this State.
A respondent aggrieved by an order of the administrator may obtain judicial review of the 
order in the Superior Court. The proceeding for review is initiated and conducted in 
accordance with Title 5, chapter 375, subchapter 7.
2.  Objection not urged; remand.  An objection not urged at the hearing under 
subsection 1 may not be considered by the court unless the failure to urge the objection is 
excused for good cause shown. A party may move the court to remand the case to the 
administrator in the interest of justice for the purpose of adducing additional specified and 
material evidence and seeking findings thereon upon good cause shown for the failure to 
adduce this evidence before the administrator.
3.  Testimony available to parties.  The administrator's copy of the testimony at the 
hearing under subsection 1 must be available at reasonable times to all parties for 
examination without cost.
4.  Obtain decree.  If no proceeding is initiated under subsection 1, the administrator, 
through the Attorney General, may obtain a decree of the Superior Court for enforcement 
of its order upon showing that the order was issued in compliance with this section, that no 
proceeding for review was timely initiated and that the respondent is subject to the 
jurisdiction of the court. The decree of the Superior Court may also provide any relief 
available in an action brought under Title 9-A, section 6-110.
5.  Unconscionable agreements; fraudulent, unconscionable conduct.  With respect 
to unconscionable agreements or fraudulent or unconscionable conduct by the respondent, 
the administrator may not issue an order pursuant to this section, but, through the Attorney 
General, may bring a civil action for an injunction.
Sec. A-12.  32 MRSA §11051-C is enacted to read:
§11051-C.  Assurance of discontinuance
If it is claimed that a person has engaged in conduct that could be subject to an order 
by the administrator or by a court, the administrator may accept an assurance in writing 
that the person will not engage in the same or in similar conduct in the future. Such an 
assurance may include any or any combination of the following: stipulations for the 
voluntary payment by the debt collector of the costs of investigation or of an amount to be 
held in escrow as restitution to debtors aggrieved by past or future conduct of the debt 
collector or to cover costs of future investigation; or admissions of past specific acts by the 
debt collector or that such acts violated this chapter or other statutes. A violation of an 
assurance of discontinuance is a violation of this chapter.
Sec. A-13.  33 MRSA §527, as amended by PL 2001, c. 44, §11 and affected by 
§14, is further amended to read:
§527.  Enforcement
With respect to lenders that are supervised financial organizations as that term is 
defined in Title 9‑A, section 1‑301, subsection 38‑A, a violation of this subchapter is 
deemed an anticompetitive and deceptive practice and the Superintendent of Financial 
Institutions may take appropriate action to ensure compliance with this subchapter.  With 
respect to all other supervised lenders, as that term is defined in Title 9-A, section 1-301, 
subsection 39, the Director of Consumer Credit Regulation Superintendent of Consumer 
Credit Protection may take such action.
PART B
Sec. B-1.  9-A MRSA §6-105-A, as amended by PL 2011, c. 427, Pt. B, §§10 and 
11, is further amended to read:
§6-105-A.  Uniform multistate automated licensing system
For the purposes of participating in the establishment and implementation of a uniform 
multistate automated licensing system, referred to in this section as "the system," for loan 
brokers, supervised lenders that are not supervised financial organizations and individual 
mortgage loan originators thereof, or entities in other license categories processed by the 
system that are licensed or registered by the administrator, the administrator may undertake 
the following actions.
1.   The administrator may establish new rules and procedures, consistent with the 
principles for operation and implementation established by the system, that are necessary 
for the State to participate in the system, including rules and procedures authorizing the 
system to collect license fees on behalf of the State and remit those fees to the State, 
authorizing collection fees by the system to pay for its services, authorizing the system to 
process and maintain license records and authorizing use of the system's uniform forms, 
upon the director's administrator's finding that each new rule or procedure is consistent with 
the public interest and the purposes of this Act.  Rules adopted pursuant to this subsection 
are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
2.   The administrator may require a credit and background investigation of each 
applicant for a license as a loan broker, a supervised lender that is not a supervised financial 
organization or a mortgage loan originator thereof, or entity in another license category 
processed by the system that is licensed or registered by the administrator, by means 
including fingerprint checks for state and national criminal histories, commencing at the 
time the State joins the system pursuant to this section.  The cost of the investigations must 
be charged to the applicants.  Information obtained or held by the administrator pursuant 
to this subsection is nonpublic pursuant to section 6-116 and not subject to disclosure.
Any information provided by or to the administrator pursuant to this section that has 
been designated as confidential by another state's regulatory agency remains the property 
of the agency furnishing the information and must be kept confidential by the administrator 
and the system except as authorized by the agency that furnished the information.
Sec. B-2.  9-A MRSA §6-202, sub-§1, as amended by PL 2009, c. 228, §1, is 
further amended to read:
1.   Persons subject to this Part shall file notification with the administrator before 
commencing business in this State, and, annually thereafter, on or before January 31st of 
each year or an alternate date established by the administrator. The notification filings must 
be made to the administrator and must be in a form and contain information that the 
administrator considers appropriate for the proper supervision and regulation of such 
persons.
PART C
Sec. C-1.  9-A MRSA §12-107, sub-§4, as enacted by PL 2007, c. 394, §1 and 
affected by §3, is repealed.
PART D
Sec. D-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 for which applications were 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. D-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 of loan brokers subject to 
this section is through the nationwide mortgage licensing system and registry as defined in 
section 13-102, subsection 8 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 such activities 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. D-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. D-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, as defined in Title 9-A, section 13-102, subsection 8, 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. D-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. D-6.  10 MRSA §1396, sub-§3, as enacted by PL 2009, c. 61, §1, is repealed.
Sec. D-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 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.
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. D-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. D-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. D-10.  10 MRSA §1495-D, sub-§4, as repealed and replaced by PL 2011, c. 
308, §5, is repealed.
Sec. D-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. D-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. D-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. D-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. D-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 as defined in Title 9-A, section 13-102, 
subsection 8 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. D-16.  32 MRSA §6108, as enacted by PL 1997, c. 155, Pt. A, §2, is repealed.
Sec. D-17.  32 MRSA §6110, sub-§1, as enacted by PL 1997, c. 155, Pt. A, §2, is 
repealed.
Sec. D-18.  32 MRSA §6110, sub-§2, as enacted by PL 1997, c. 155, Pt. A, §2, is 
amended to read:
2.  Annual Renewal fee; annual report.  The renewal fee established pursuant to 
section 6103, subsection 4 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. D-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. D-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. D-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. D-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 as defined in Title 9-A, section 13-102, 
subsection 8 or otherwise, the administrator may establish, by rule, 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. D-23.  32 MRSA §6137, as enacted by PL 1997, c. 155, Pt. A, §2, is repealed.
Sec. D-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 registrations or reregistrations, except that the fee 
for an initial application may not exceed $800 and for a reregistration 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. Reregistration applications received after the 
due date are subject to an additional fee of $100;
C.  The setting or resetting as necessary of reregistration 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. D-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 
and referred to in this section as "the nationwide mortgage licensing system and registry." 
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. D-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.  The superintendent may permit affiliated companies to be under a 
single license and subject to a single examination as long as all of the affiliated company 
names are listed on the license. The superintendent may adopt rules to determine what 
constitutes an affiliated company.  Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A.  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, 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. D-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 as defined in Title 9-A, section 
13-102, subsection 8 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. D-28.  32 MRSA §14054, as amended by PL 2013, c. 257, §2, is repealed.
PART E
Sec. E-1.  32 MRSA §11013, sub-§11 is enacted to read:
11.  Collection action prohibited on debt from medical expenses if eligible for free 
or charity care.  A debt collector may not collect or attempt to collect a debt from medical 
expenses against a consumer who has been determined to be qualified for free or charity 
care under guidelines adopted pursuant to Title 22, section 1716, or against a consumer 
who would have been determined to be qualified for free or charity care under guidelines 
adopted pursuant to Title 22, section 1716 but did not apply for good cause.
PART F
Sec. F-1.  32 MRSA §11019, sub-§1, as enacted by PL 2017, c. 216, §6, is amended 
to read:
1.  Complaint; required allegations.  A debt buyer may not initiate a collection action 
against a consumer, including an action brought in small claims court pursuant to Title 14, 
chapter 738, unless the debt buyer alleges all of the following information in the complaint:
A.  The information described in section 11013, subsection 9, including that the debt 
buyer possesses the documentation described in section 11013, subsection 9;
B.  The basis for any interest and fees described in section 11013, subsection 9;
C.  The basis for the request for attorney's fees, if applicable;
D.  That the debt buyer is the current owner of the debt; and
E.  That the cause of action is filed within the applicable statute of limitations period.
Sec. F-2.  32 MRSA §11020 is enacted to read:
§11020.  Collection action to collect credit card and student loan debts; additional 
requirements for collection action
1.  Applicability.  This section applies to any collection action against a consumer to 
collect a credit card or student loan debt initiated by a debt collector.
2.  Commencement of collection action.  A collection action may not be commenced 
in small claims court pursuant to Title 14, chapter 738. A collection action is commenced 
upon the filing or serving of a complaint that provides notice of the complaint in the same 
manner as other civil complaints and satisfies the requirements of this section. 
3.  Notice of complaint.  In a collection action subject to this section, the debt collector 
shall attach to the front of the complaint a one-page form notice to the consumer as 
developed by the Department of Professional and Financial Regulation, Bureau of 
Consumer Credit Protection. The form notice must be written in language that is plain and 
readily understandable by the general public and, at a minimum, must contain the 
following:
A.  A statement that failure to answer the complaint may result in entry of judgment in 
the amount demanded by the debt collector; and 
B.  A sample answer and an explanation that the consumer may fill out the form and 
return it to the court as the answer to the complaint. If the consumer returns the form 
to the court, the consumer does not need to file a more formal answer or responsive 
pleading. 
4.  Entry of judgment.  A court may not enter judgment unless it specifically finds 
that all the requirements of this section and all other applicable requirements of this chapter 
are met, including, but not limited to, whether the plaintiff has produced evidence that is 
admissible pursuant to the Maine Rules of Evidence on all required elements of its claim.
5.  Default judgment.  If the defendant has failed to plead or otherwise defend, the 
plaintiff may apply for entry of default and a default judgment. The judge overseeing the 
action is responsible for entering a default and a default judgment, not the clerk of the court. 
Regardless of whether the defendant appears in the action or the judgment is based on a 
proposed order concerning a settlement, the court may not enter judgment in favor of the 
plaintiff unless the court determines that all the requirements of this section and all other 
applicable requirements of this chapter are met, including, but not limited to, whether the 
plaintiff has produced evidence admissible pursuant to the Maine Rules of Evidence on all 
required elements of its claim.
6.  Exclusion. This section does not apply to any collection action brought by a 
supervised financial organization as defined in Title 9-A, section 1-301, subsection 38-A.
7.  Rules.  The Supreme Judicial Court may adopt rules necessary to implement the 
provisions of this section.
PART G
Sec. G-1.  4 MRSA §18-B, sub-§7, as enacted by PL 1995, c. 560, Pt. I, §3, is 
amended to read:
7.  Fees Authority and fees.  When A court may refer cases to the Court Alternative 
Dispute Resolution Service for mediation and, when a court refers parties case types or 
individual cases to the Court Alternative Dispute Resolution Service for mediation, the 
court shall assess the parties a fee to be apportioned equally among the parties, unless the 
court otherwise directs.  The fee must be deposited in the dedicated account created in 
subsection 8.
A party may file an in forma pauperis application for waiver of fee.  If the court finds that 
the party does not have sufficient funds to pay the fee, it shall order the fee waived.
SUMMARY
Part A of this bill does the following.
1. It clarifies the jurisdiction of the Department of Professional and Financial 
Regulation, Bureau of Consumer Credit Protection to regulate transactions entered into by 
mail, telephone or electronic mail or using a creditor's website when the consumer is 
located in Maine.
2. It establishes that an automobile seller is regularly engaged in credit sales if the seller 
sells more than 15 cars per year on credit. Currently, a dealer can sell up to 25 cars a year 
on credit without complying with any disclosure, rate cap or repossession standards.
3. It defines a supervised lender to include a company that purchases and collects on 
supervised loans, regardless of whether the company maintains an office in this State. 
Current law already holds in-state companies to this standard.
4. It clarifies confidentiality provisions by referencing an exception currently found in 
another section of the Maine Consumer Credit Code.
5. It authorizes the Superintendent of Consumer Credit Protection to adjust fees to 
support the costs of compliance and staff attorney positions with revenues derived from 
nonbank mortgage companies. It also allows the superintendent to reduce fees by 
regulation.
6. It corrects references to the Superintendent of Consumer Credit Protection.
7. It specifically provides that the Superintendent of Consumer Credit Protection or the 
Superintendent of Financial Institutions has the authority, after notice to the licensee and 
opportunity to be heard, to suspend, revoke or deny renewal of a payroll processor's license.
8. It confirms the ability of the Bureau of Consumer Credit Protection to regulate 
transmission of digital currencies, such as Bitcoin.
9. It establishes the Superintendent of Consumer Credit Protection's authority over debt 
collectors consistent with authority granted the administrator with respect to other license 
types.
10. It adds to the laws governing debt collectors routine enforcement authority 
consistent with authority currently applied with respect to consumer lenders and creditors.
11. It adds to the laws governing debt collectors an assurance of discontinuance as an 
enforcement option consistent with current law applicable to consumer lenders and 
creditors.
Part B does the following.
1. It permits the use of a nationwide multistate licensing system to process licenses and 
registrations with respect to general creditors, debt collectors, money transmitters and other 
entities regulated by the Bureau of Consumer Credit Protection. It also authorizes the use 
of that system by large, national companies that already use the system for their licenses in 
other states.
2. It amends a notification date provision in the law to permit the Bureau of Consumer 
Credit Protection to use the nationwide mortgage licensing system for different business 
types.
Part C repeals language that requires annual reports to the joint standing committee of 
the Legislature having jurisdiction over insurance and financial services matters relating to 
the business of "legal funding practices."
Part D does the following.
1.  It amends application and renewal fee provisions for entities licensed and regulated 
by the Bureau of Consumer Credit Protection to allow the bureau to use rulemaking to 
adjust fees.
2.  It allows the bureau to use the nationwide mortgage licensing system and registry 
to license or register regulated entities.
3.  It authorizes the Superintendent of Consumer Credit Protection to permit affiliated 
companies to be under a single debt collector license.
Part E makes it a violation of the Maine Fair Debt Collection Practices Act to collect 
or attempt to collect a debt from medical expenses against an individual eligible for free or 
charity care. 
Part F adds requirements relating to collection actions for credit card debt and student 
loan debt.
Part G authorizes courts to refer cases to the Court Alternative Dispute Resolution 
Service for mediation and assess fees for such mediation.