reglab/housing_qa huggingface dataset:
HI Rev Stat § 454F-4 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-4 License and registration; application; issuance.

  §454F-4 License and registration; application; issuance. (a) Applicants for a license shall apply in a form as prescribed by NMLS or by the commissioner.  (b) To fulfill the purposes of this chapter, the commissioner may enter into agreements or contracts with NMLS or other entities to use NMLS to collect and maintain records and process transaction fees or other fees related to licensees or other persons subject to this chapter.  (c) For the purpose and the extent necessary to participate in NMLS, the commissioner may waive or modify, in whole or in part, by rule or order, any or all of the requirements of this chapter and establish new requirements as reasonably necessary to participate in NMLS.  (d) In connection with an application for a license under this chapter, the applicant, at a minimum, shall furnish to NMLS information concerning the applicant's identity, including:  (1) Fingerprints of the applicant or, if an applicant is not an individual, each of the applicant's control persons, executive officers, directors, general partners, and managing members for submission to the Federal Bureau of Investigation and any governmental agency or entity authorized to receive the fingerprints for a state, national, and international criminal history background check, accompanied by the applicable fee charged by the entities conducting the criminal history background check; and  (2) Personal history and experience of the applicant or, if an applicant is not an individual, each of the applicant's control persons, executive officers, directors, general partners, and managing members in a form prescribed by NMLS including the submission of authorization for NMLS and the commissioner to obtain:  (A) An independent credit report obtained from a consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act, title 15 United States Code section 1681 et seq.; and  (B) Information related to any administrative, civil, or criminal findings by any governmental jurisdiction; provided that the commissioner may use any information obtained pursuant to this subsection or through NMLS to determine an applicant's demonstrated financial responsibility, character, and general fitness for licensure.  (e) The commissioner may use NMLS as an agent for requesting information from and distributing information to the Department of Justice or any governmental agency.  (f) The commissioner may use NMLS as an agent for requesting and distributing information to and from any source directed by the commissioner.  (g) An applicant for a license as a mortgage loan originator company that is a person other than an individual shall be registered with the business registration division of the department of commerce and consumer affairs to do business in this State before a license pursuant to this chapter shall be granted. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §11; am L 2011, c 194, §5; am L 2013, c 168, § §7, 20; am L 2017, c 150, §4]
HI Rev Stat § 454F-4.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-4.5 Automatic secondary review of license application.

  §454F-4.5 Automatic secondary review of license application. (a) For each application that was determined on initial review to fail to meet the criteria for licensure, the commissioner shall provide a secondary level of review of the application which shall include the:  (1) Overall character and fitness of the applicant, taking into account all relevant circumstances and weighing all mitigating factors appropriately; and  (2) Assurance that non-discretionary licensing criteria have been applied correctly.  (b) The applicant, or in the case of an applicant that is not an individual, each of the applicant's control persons, executive officers, directors, general partners, and managing members, shall submit authorization to the commissioner for the commissioner to conduct background checks to determine or verify the information in subsection (a) in each state where the person has conducted mortgage loan origination activities. Authorization pursuant to this subsection shall include consent to provide additional fingerprints, if necessary, to law enforcement or regulatory bodies in other states. [L 2010, c 84, pt of §3; am L 2011, c 194, §6; am L 2017, c 150, §5]
HI Rev Stat § 454F-4.8 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-4.8 Decision denying application subject to administrative hearing. (a) Within fifteen days following receipt of a decision denying an application, an applicant may petition the commissioner for an administrative hearing that shall be held in accordance with chapter 91 and the rules of the department of commerce and consumer affairs. If a petition for an administrative hearing is not filed within the time specified, the commissioner's decision denying the application shall become a final decision and order denying the application. (b) Upon the receipt of a petition for an administrative hearing, the commissioner shall assign the petition to a hearings officer for further proceedings pursuant to the rules of the department of commerce and consumer affairs. The commissioner shall issue a written final decision and order, following the hearings officer's transmittal to the commissioner of the entire record together with the recommended decision, any timely filed exceptions, and any timely filed statements in support of the recommended decision. [L 2011, c 194, pt of §1]

  §454F-4.8 Decision denying application subject to administrative hearing. (a) Within fifteen days following receipt of a decision denying an application, an applicant may petition the commissioner for an administrative hearing that shall be held in accordance with chapter 91 and the rules of the department of commerce and consumer affairs. If a petition for an administrative hearing is not filed within the time specified, the commissioner's decision denying the application shall become a final decision and order denying the application.   (b) Upon the receipt of a petition for an administrative hearing, the commissioner shall assign the petition to a hearings officer for further proceedings pursuant to the rules of the department of commerce and consumer affairs. The commissioner shall issue a written final decision and order, following the hearings officer's transmittal to the commissioner of the entire record together with the recommended decision, any timely filed exceptions, and any timely filed statements in support of the recommended decision. [L 2011, c 194, pt of §1]
HI Rev Stat § 454F-6 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-6 Pre-licensing and re-licensing; education of mortgage loan originators.

  §454F-6 Pre-licensing and re-licensing; education of mortgage loan originators. (a) An applicant for licensure as a mortgage loan originator shall complete at least twenty hours of pre-licensing education approved in accordance with subsection (b) that includes:  (1) Three hours of federal law and regulations and three hours of the State's law and rules;  (2) Three hours of ethics, which shall include instruction on fraud, consumer protection, and fair lending issues; and  (3) Two hours of training related to lending standards for the nontraditional mortgage product marketplace. Upon completion of the pre-licensing education, an individual has up to twelve months to submit an application for licensure as a mortgage loan originator. An individual who submits an application after the twelve months have expired will be required to repeat the pre-licensing education requirements.  (b) Pre-licensing education courses shall be reviewed and approved by NMLS based upon reasonable standards. Review and approval of a pre-licensing education course shall include review and approval of the course provider.  (c) Nothing in this section shall prohibit the use of any pre-licensing education course approved by NMLS that is provided by the employer of the applicant, an entity that is affiliated with the applicant by an agency contract, or any subsidiary or affiliate of the employer or entity.  (d) Pre-licensing education may be offered either in a classroom, online, or by any other means approved by NMLS.  (e) The pre-licensing education requirements approved by NMLS for any state shall be accepted as credit towards completion of pre-licensing education requirements in this State.  (f) A person previously licensed under this chapter and applying to be licensed under this chapter shall prove to the satisfaction of the commissioner that the person has completed all of the continuing education requirements for the year in which the license was last held. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §13; am L 2013, c 168, § §8, 20; am L 2016, c 122, §9]
HI Rev Stat § 454F-7 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-7 Testing of mortgage loan originators.

  §454F-7 Testing of mortgage loan originators. (a) To meet the written test requirement in section 454F-5, an applicant for licensure as a mortgage loan originator shall pass, in accordance with the standards established under this section, a qualified written test developed by NMLS and administered by a test provider approved by NMLS based upon reasonable standards.  (b) A written test shall not be treated as a qualified written test for purposes of subsection (a) unless the test adequately measures the applicant's knowledge and comprehension in appropriate subject areas, including:  (1) Ethics;  (2) Federal law and regulations pertaining to mortgage origination;  (3) The State's law and rules pertaining to mortgage origination; and  (4) Federal and the State's law, rules, and regulations, including instruction on fraud, consumer protection, the nontraditional mortgage marketplace, and fair lending issues.  (c) Nothing in this section shall prohibit a test provider approved by NMLS from providing a test at the location of the employer of the applicant, the location of any subsidiary or affiliate of the employer of the applicant, or the location of any entity with which the applicant holds an exclusive arrangement to conduct the business of a mortgage loan originator.  (d) An individual shall have passed a qualified written test if the individual achieves a test score of seventy-five per cent of the correct answers to questions or better. An individual may take a test three times with each retest occurring at least thirty days after the preceding test. After failing three consecutive tests, an individual shall wait at least six months before taking the test again. A licensed mortgage loan originator who fails to maintain a valid license for a period of five years or longer not taking into account any time during which the individual is an exempt registered mortgage loan originator, shall retake the test. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §14; am L 2013, c 168, §9; am L 2016, c 122, §10]
HI Rev Stat § 454F-8 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-8 Standards for license renewal.

 §454F-8 Standards for license renewal. (a) The minimum standards for license renewal for mortgage loan originators shall include the following:  (1) The mortgage loan originator continues to meet the minimum standards for licensure under section 454F-5;  (2) The mortgage loan originator has satisfied the annual continuing education requirements in section 454F-9 prior to requesting renewal; and  (3) The mortgage loan originator has paid all required fees for renewal of the license.  (b) The minimum standards for license renewal for mortgage loan originator companies shall include the following:  (1) The mortgage loan originator company continues to meet the minimum standards for licensure established pursuant to section 454F-5;  (2) The mortgage loan originator company's qualified individual and every branch manager have satisfied the minimum standards for license renewal;  (3) The mortgage loan originator company has paid all required fees for renewal of the license; and  (4) The mortgage loan originator company is registered with the business registration division of the department of commerce and consumer affairs.  (c) The license of a mortgage loan originator or mortgage loan originator company that fails to satisfy the minimum standards for license renewal shall expire. The commissioner may adopt procedures for the reinstatement of expired licenses consistent with section 454F-8.5 and the standards established by NMLS. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §15; am L 2011, c 194, §8; am L 2012, c 252, §9; am L 2013, c 168, §10; am L 2014, c 198, §3; am L 2016, c 122, §11]
HI Rev Stat § 454F-8.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-8.5 Reinstatement of expired licenses.

  §454F-8.5 Reinstatement of expired licenses. (a) A license issued pursuant to this chapter that expires due to failure to satisfy the minimum standards for renewal may be reinstated if the licensee meets the following requirements:  (1) The licensee applies for reinstatement between January 1 and February 28 of the year immediately following the year in which the license expired;  (2) All continuing education courses required for license renewal for the year in which the license expired shall be completed between January 1 and February 28 of the year immediately following the year in which the license expired; provided that continuing education courses that satisfy the previous year's requirement shall not also be credited toward satisfying the current year's continuing education requirements; and  (3) The licensee shall pay all applicable licensing, reinstatement, and late fees assessed by the commissioner.  (b) A licensee that fails to meet the requirements for renewal of an expired license established by this section may apply for a new license and shall meet the requirements for new licenses in effect at the time of application. [L 2010, c 84, pt of §3]
HI Rev Stat § 454F-9 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-9 Continuing education; mortgage loan originators.

  §454F-9 Continuing education; mortgage loan originators. (a) Each year, a licensed mortgage loan originator shall complete at least eight hours of education approved in accordance with subsection (b) that shall include:  (1) Three hours of federal law and regulations;  (2) One hour of the State's law and rules;  (3) Two hours of ethics that shall include instruction on fraud, consumer protection, and fair lending issues; and  (4) Two hours of training related to lending standards for the nontraditional mortgage product marketplace.  (b) For purposes of subsection (a), continuing education courses shall be reviewed and approved by NMLS based upon reasonable standards. Review and approval of a continuing education course shall include review and approval of the course provider.  (c) Nothing in this section shall prohibit the use of any education course that is approved by NMLS and provided by the employer of the mortgage loan originator, an entity that is affiliated with the mortgage loan originator by an agency contract, or any subsidiary or affiliate of the employer or entity.  (d) Continuing education may be offered either in a classroom, online, or by any other means approved by NMLS.  (e) A licensed mortgage loan originator:  (1) May only receive credit for a continuing education course in the year in which the course is taken, except for continuing education credits received pursuant to this chapter; and  (2) May not take the same approved course in the same or successive years to meet the annual requirements for continuing education; provided that the term "successive years" shall mean the two years following the year in which a mortgage loan originator takes an approved course.  (f) A licensed mortgage loan originator who is an approved instructor of an approved continuing education course may receive continuing education credit for the course taught at the rate of two hours credit for every one hour taught.  (g) Continuing education courses as described in subsection (a) and approved by NMLS for any state, that are successfully completed by a licensed mortgage loan originator, shall be accepted as credit towards completion of continuing education requirements in this State.  (h) A licensed mortgage loan originator who subsequently becomes unlicensed shall complete the continuing education requirements for the last year in which the license was held prior to issuance of a new or renewed license.  (i) The license of a licensee meeting the requirements of section 454F-8(a)(1) and (3) shall expire if the licensee fails to meet the minimum requirements for continuing education. Reinstatement of the expired license shall be allowed as provided for in section 454F-8.5. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §16; am L 2011, c 194, §9; am L 2013, c 168, § §11, 20; am L 2016, c 122, §12]
HI Rev Stat § 454F-10 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-10 Authority to require license.

 §454F-10 Authority to require license. In addition to any other duties imposed upon the commissioner, the commissioner shall require mortgage loan originators and mortgage loan originator companies to be licensed and registered through NMLS. The commissioner is authorized to participate in NMLS. The commissioner may establish by rule pursuant to chapter 91, requirements for mortgage loan originators and mortgage loan originator companies, including:  (1) Background checks of:  (A) Criminal history through fingerprint or other databases;  (B) Civil or administrative records;  (C) Credit history; and  (D) Any other source deemed necessary by NMLS;  (2) Fees to apply for or renew licenses through NMLS;  (3) The setting or resetting as necessary of license renewal and reporting dates;  (4) Requirements for amending or surrendering a license; and  (5) Any other activity the commissioner deems necessary to participate in NMLS. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §17; am L 2013, c 168, §12; am L 2016, c 122, §13]
HI Rev Stat § 454F-10.6 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-10.6 Voluntary cessation of operation; surrender of license.

  §454F-10.6 Voluntary cessation of operation; surrender of license. (a) Subject to the approval of the commissioner, a licensee may voluntarily cease activity for which a license to operate has been issued under this chapter by delivering to the commissioner a written notice of surrender, which shall include but not be limited to:  (1) A plan of cessation of business;  (2) Provisions for the transfer or assumption of assets;  (3) Provisions for pending applications or transactions;  (4) Provisions for payment or assumption of liabilities;  (5) Provisions for the disposition of individual mortgage loan originator licenses; and  (6) Provisions for transfer or assumption of all trust, agency, and other fiduciary relationships and accounts.  (b) The commissioner shall approve the surrender if:  (1) The commissioner is satisfied with the plan as set forth by the licensee; and  (2) No other reason exists to deny the request for surrender; provided that the commissioner may impose any restrictions and conditions as the commissioner deems appropriate.  (c) The surrender shall not affect rights and duties that have matured, penalties that were incurred, and proceedings that were begun before the effective date of the surrender of a license under this section. [L 2010, c 84, pt of §3]
HI Rev Stat § 454F-10.7 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-10.7 Change in control of a licensee; fees.

  §454F-10.7 Change in control of a licensee; fees. (a) A licensee shall submit to the commissioner an application requesting approval of a proposed change of control of the licensee, accompanied by a nonrefundable application fee of $500, payable to the division.  (b) The commissioner shall approve a request for change of control under subsection (a) if, after investigation, the commissioner determines that the person or group of persons who will obtain control will be in compliance with this chapter upon approval of the application for a proposed change of control of the licensee and will have the competence, experience, character, and general fitness to control the licensee or person in control of the licensee in a lawful and proper manner, and that the interests of the public will not be jeopardized by the change of control. [L 2010, c 84, pt of §3; am L 2011, c 194, §11; am L 2017, c 150, §7]
HI Rev Stat § 454F-11 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-11 NMLS registry information; challenge process.

  §454F-11 NMLS registry information; challenge process. The commissioner shall establish a process by rule pursuant to chapter 91 whereby a licensee may challenge information entered into NMLS by the commissioner. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §18; am L 2013, c 168, §14]