reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 5 - Banking › Chapter 23. SALE OF CHECKS AND TRANSMISSION OF MONEY › § 2314. Examination.

§ 2314. Examination.
The Commissioner may examine the business, books and records of the licensee at any time, the reasonable cost of such examination to be paid by licensee.
5 Del. C. 1953, §  2314;  58 Del. Laws, c. 421;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 19, §  76;  73 Del. Laws, c. 24, §  10;
2023 Delaware Code › Title 5 - Banking › Chapter 23. SALE OF CHECKS AND TRANSMISSION OF MONEY › § 2315. Suspension, revocation or surrender of license.

§ 2315. Suspension, revocation or surrender of license.
(a) The Commissioner may revoke any license issued hereunder upon finding that:
(1) The licensee has violated any provision of this chapter or any rule or regulation made by the Commissioner under and within the authority of this chapter or of any other law, rule or regulation of this State or the United States;
(2) Any fact or condition exists which, if it had existed at the time of the original application for such license, would have warranted the Commissioner in refusing originally to issue such license; or
(3) The licensee has engaged in business activities or practices, in connection with any business for which a license is required under this chapter, which could be deemed unfair or deceptive by nature of intent. Such activities and practices include, but are not limited to, the use of tactics which mislead the consumer, misrepresent the consumer transaction or any part thereof, or otherwise create false expectations on the part of the consumer.
(b) The Commissioner may temporarily suspend any license pending the issuance of a final order as provided in Chapter 101 of Title 29.
(c) Except as provided in subsection (b) of this section, no license shall be revoked or suspended except after notice and an opportunity for the licensee to request a hearing in accordance with Chapter 101 of Title 29.
(d) Any licensee may surrender any license by delivering to the Commissioner such license together with written notice that it thereby surrenders such license, but such surrender shall not affect such licensee's civil or criminal liability for acts committed prior to such surrender.
(e) No revocation, suspension or surrender of any license shall impair or affect the obligation of any preexisting lawful contract between the licensee and any person.
(f) Every license issued hereunder shall remain in force and effect until the same shall have expired or shall have been surrendered, revoked or suspended in accordance with this chapter, but the Commissioner shall have authority to reinstate a suspended license or to issue a new license to a licensee whose license shall have been revoked if no fact or condition then exists which would have warranted the Commissioner in refusing originally to issue such license under this chapter.
(g) Whenever the Commissioner shall revoke or suspend a license issued pursuant to this chapter, the Commissioner shall forthwith execute a written order to that effect. The Commissioner shall forthwith serve the written order upon the licensee. Any such order may be reviewed in the manner provided by Chapter 101 of Title 29.
5 Del. C. 1953, §  2315;  58 Del. Laws, c. 421;  73 Del. Laws, c. 24, §  11;  77 Del. Laws, c. 126, §  5;
2023 Delaware Code › Title 5 - Banking › Chapter 23. SALE OF CHECKS AND TRANSMISSION OF MONEY › § 2317. Penalties.

§ 2317. Penalties.
Any person who violates any provision of this chapter shall be fined not less than $100 nor more than $500 or imprisoned for not more than 90 days, or both for each such offense.
5 Del. C. 1953, §  2317;  58 Del. Laws, c. 421.;
2023 Delaware Code › Title 5 - Banking › Chapter 23. SALE OF CHECKS AND TRANSMISSION OF MONEY › § 2319. Multi-state automated licensing system.

§ 2319. Multi-state automated licensing system.
(a) The Commissioner is authorized to participate in any automated system involving 1 or more other states that will facilitate any aspect of the application and licensing processes of this chapter.
(b) Upon joining any such system, the Commissioner may by regulation establish any of the following:
(1) Any additional requirements for a license under this chapter that the Commissioner determines are necessary for participation in the system.
(2) Any additional investigation fees, any fees paid directly to the administrator of the system, or any other fee required by the system to process an application or maintain a license, in such amount as the Commissioner determines is necessary to participate in the system.
(c) The administrator of any such system in which the Commissioner participates is authorized to act on behalf of the Commissioner to collect from the applicants and licensees subject to the system any payments due the Commissioner under this chapter, to collect information and maintain records in electronic or other format relating to those applicants and licensees, and to submit fingerprints and any other information required for a criminal history background check to the Federal Bureau of Investigation or other law-enforcement agency.
(d) Information maintained on any such system in which the Commissioner participates regarding the applicants and licensees subject to the system may be shared with any other state participating in that system for the purpose of licensing, regulating, or supervising that same applicant or licensee under a statute similar to this chapter, if that state could have obtained that same information directly from the applicant or licensee under its own law. The Commissioner shall ensure that the system maintains appropriate confidentiality, privacy, data security, and security breach notification policies that are in full compliance with Delaware law.
82 Del. Laws, c. 78, § 4;
2023 Delaware Code › Title 5 - Banking › Chapter 24. MORTGAGE LOAN ORIGINATORS › § 2401. Title.

§ 2401. Title.
This chapter may be cited as the “Delaware Secure and Fair Enforcement for Mortgage Licensing Act of 2009” or “Delaware S.A.F.E. Mortgage Licensing Act of 2009.”
77 Del. Laws, c. 96, §  1;
2023 Delaware Code › Title 5 - Banking › Chapter 24. MORTGAGE LOAN ORIGINATORS › § 2402. Purpose.

§ 2402. Purpose.
(a) The activities of mortgage loan originators and the origination or offering of financing for residential real property have a direct, valuable and immediate impact upon Delaware's consumers, Delaware's economy, the neighborhoods and communities of Delaware, and the housing and real estate industry. The General Assembly finds that accessibility to mortgage credit is vital to this State's citizens. The General Assembly also finds that it is essential for the protection of the citizens of Delaware and the stability of Delaware's economy that reasonable standards for licensing and regulation of the business practices of mortgage loan originators be imposed. The General Assembly further finds that the obligations of mortgage loan originators to consumers in connection with originating or making residential mortgage loans are such as to warrant the regulation of the mortgage lending process. The purpose of this chapter is to protect consumers seeking mortgage loans and to ensure that the mortgage lending industry is operating without unfair, deceptive, and fraudulent practices on the part of mortgage loan originators.
(b) Therefore, the General Assembly establishes within this chapter an effective system of supervision and enforcement of the mortgage lending industry, including:
(1) The authority to issue licenses to conduct business under this chapter, including the authority to write rules or regulations or adopt procedures necessary to the licensing of persons covered under this chapter;
(2) The authority to deny, suspend, condition or revoke licenses issued under this chapter; and
(3) The authority to examine, investigate and conduct enforcement actions as necessary to carry out the intended purposes of this chapter, including the authority to subpoena witnesses and documents, enter orders, including cease and desist orders, order restitution and monetary penalties and order the removal and ban of individuals from office or employment.
77 Del. Laws, c. 96, §  1;
2023 Delaware Code › Title 5 - Banking › Chapter 24. MORTGAGE LOAN ORIGINATORS › § 2404. License and registration required.

§ 2404. License and registration required.
(a) An individual, unless specifically exempted from this chapter under subsection (c) of this section, shall not engage in the business of a mortgage loan originator with respect to any dwelling located in this State without first obtaining and then annually maintaining a license issued by the Commissioner under this chapter. Each licensed mortgage loan originator must register with and maintain a valid unique identifier issued by the Nationwide Mortgage Licensing System and Registry. Every person licensed under this chapter shall be a financial institution for purposes of Part I of this title.
(b) In order to facilitate an orderly transition to licensing and minimize disruption in the mortgage marketplace, the effective date for subsection (a) of this section shall be July 31, 2010, or such later date approved by the Secretary of the United States Department of Housing and Urban Development [Dec. 31, 2010], pursuant to the authority granted under United States Public Law 110-289, § 1508(a) [12 U.S.C. § 5107(a)].
(c) The following are exempt from this chapter:
(1) Registered mortgage loan originators, when acting for an entity described in of § 2403(12)a.1., 2., or 3. of this title;
(2) Any individual who offers or negotiates terms of a residential mortgage loan with or on behalf of an immediate family member of the individual;
(3) Any individual who offers or negotiates terms of a residential mortgage loan secured by a dwelling that served as the individual's residence; and
(4) A licensed attorney who negotiates the terms of a residential mortgage loan on behalf of a client as an ancillary matter to the attorney's representation of the client, unless the attorney is compensated by a lender, a mortgage broker, or other mortgage loan originator or by any agent of such lender, mortgage broker, or other mortgage loan originator.
(d) A loan processor or underwriter who is an independent contractor may not engage in the activities of a loan processor or underwriter unless such independent contractor loan processor or underwriter obtains and maintains a license under subsection (a) of this section. Each independent contractor loan processor or underwriter licensed as a mortgage loan originator must have and maintain a valid unique identifier issued by the Nationwide Mortgage Licensing System and Registry.
(e) For the purposes of implementing an orderly and efficient licensing process, the Commissioner may establish licensing rules or regulations and interim procedures for licensing and acceptance of applications. For previously registered or licensed individuals, the Commissioner may establish expedited review and licensing procedures.
76 Del. Laws, c. 421, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 96, §  1;
2023 Delaware Code › Title 5 - Banking › Chapter 24. MORTGAGE LOAN ORIGINATORS › § 2407. Prelicensing education.

§ 2407. Prelicensing education.
(a) In order to meet the prelicensing education requirement referred to in § 2406(a)(4) of this title, a person shall complete at least 20 hours of education approved in accordance with subsection (b) of this section, which shall include at least:
(1) Three hours of federal law and regulations;
(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.
(b) For purposes of subsection (a) of this section, prelicensing education courses shall be reviewed, and approved by the Nationwide Mortgage Licensing System and Registry based upon reasonable standards. Review and approval of a prelicensing education course shall include review and approval of the course provider.
(c) Nothing in this section shall preclude any prelicensing education course, as approved by the Nationwide Mortgage Licensing System and Registry, that is provided by the employer of the applicant or an entity which is affiliated with the applicant by an agency contract, or any subsidiary or affiliate of such employer or entity.
(d) Prelicensing education may be offered either in a classroom, online or by any other means approved by the Nationwide Mortgage Licensing System and Registry.
(e) The prelicensing education requirements approved by the Nationwide Mortgage Licensing System and Registry in subsection (b) of this section for any other state shall be accepted as credit towards completion of the prelicensing education requirements in this State.
(f) A person previously licensed under this chapter subsequent to July 30, 2009, applying to be licensed again must prove that they have completed all of the continuing education requirements for the year in which the license was last held.
76 Del. Laws, c. 421, §  1;  77 Del. Laws, c. 96, §  1;
2023 Delaware Code › Title 5 - Banking › Chapter 24. MORTGAGE LOAN ORIGINATORS › § 2408. Testing.

§ 2408. Testing.
(a) In order to meet the written test requirement referred to in § 2406(a)(5) of this title, an individual shall pass, in accordance with the standards established under this section, a qualified written test developed by the Nationwide Mortgage Licensing System and Registry and administered by a test provider approved by the Nationwide Mortgage Licensing System and Registry based upon reasonable standards.
(b) A written test shall not be treated as a qualified written test for purposes of subsection (a) of this section unless the test adequately measures the applicant's knowledge and comprehension in appropriate subject areas, including:
(1) Ethics;
(2) Federal law and regulation pertaining to mortgage origination;
(3) State law and regulation pertaining to mortgage origination; and
(4) Federal and state law and regulation, 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 the Nationwide Mortgage Licensing System and Registry from providing a test at the location of the employer of the applicant or 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) (1) An individual shall not be considered to have passed a qualified written test unless the individual achieves a test score of not less than 75 percent correct answers to questions.
(2) An individual may retake a test 3 consecutive times with each consecutive taking occurring at least 30 days after the preceding test.
(3) After failing 3 consecutive tests, an individual shall wait at least 6 months before taking the test again.
(4) A licensed mortgage loan originator who fails to maintain a valid license for a period of 5 years or longer shall retake the test, not taking into account any time during which such individual is a registered mortgage loan originator.
77 Del. Laws, c. 96, §  1;
2023 Delaware Code › Title 5 - Banking › Chapter 24. MORTGAGE LOAN ORIGINATORS › § 2409. Standards for license renewal.

§ 2409. Standards for license renewal.
(a) Every licensee who desires to continue to engage in the business of a mortgage loan originator with respect to any dwelling located in this State shall, at least 30 days prior to the expiration of a license, apply to the Commissioner for a license renewal in a form as prescribed by the Commissioner. Each such form shall request such information as the Commissioner may designate and may be changed or updated as necessary by the Commissioner in order to carry out the purposes of this chapter.
(b) 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 license issuance under § 2406(a)(1)-(6) of this title;
(2) The mortgage loan originator has satisfied the annual continuing education requirements described in § 2410 of this title; and
(3) The mortgage loan originator has paid all required fees for renewal of the license.
(c) The Commissioner may mandate that an application for a license renewal shall be treated as a new application if the renewal application is not on file with the office of the Commissioner at least 30 days prior to the expiration of the license.
76 Del. Laws, c. 421, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 96, §  1;
2023 Delaware Code › Title 5 - Banking › Chapter 24. MORTGAGE LOAN ORIGINATORS › § 2410. Continuing education.

§ 2410. Continuing education.
(a) In order to meet the annual continuing education requirements referred to in § 2409(b)(2) of this title, a licensed mortgage loan originator shall complete at least 8 hours of education approved in accordance with subsection (b) of this section, which shall include at least:
(1) Three hours of federal law and regulations;
(2) Two 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.
(b) For purposes of subsection (a) of this section, continuing education courses shall be reviewed, and approved by the Nationwide Mortgage Licensing System and Registry based upon reasonable standards. Review and approval of a continuing education course shall include review and approval of the course provider.
(c) Nothing in this section shall preclude any education course, as approved by the Nationwide Mortgage Licensing System and Registry, that is provided by the employer of the mortgage loan originator or an entity which is affiliated with the mortgage loan originator by an agency contract, or any subsidiary or affiliate of such employer or entity.
(d) Continuing education may be offered either in a classroom, online or by any other means approved by the Nationwide Mortgage Licensing System and Registry.
(e) A licensed mortgage loan originator:
(1) Except as provided in subsection (h) of this section, may only receive credit for a continuing education course in the year in which the course is taken; and
(2) May not take the same approved course in the same or successive years to meet the annual requirements for continuing education.
(f) A licensed mortgage loan originator who is an approved instructor of an approved continuing education course may receive credit for the licensed mortgage loan originator's own annual continuing education requirement at the rate of 2 hours credit for every 1 hour taught.
(g) The continuing education requirements approved by the Nationwide Mortgage Licensing System and Registry in subsection (a) of this section for any other state shall be accepted as credit towards completion of the continuing education requirements in this State.
(h) A licensed mortgage loan originator who subsequently becomes unlicensed must 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) A person meeting the requirements of § 2409(b)(1) and (3) of this title may make up any deficiency in continuing education as established by rule or regulation of the Commissioner.
76 Del. Laws, c. 421, §  1;  77 Del. Laws, c. 96, §  1;
2023 Delaware Code › Title 5 - Banking › Chapter 24. MORTGAGE LOAN ORIGINATORS › § 2411. Authority to require license.

§ 2411. Authority to require license.
(a) In addition to any other duties imposed upon the Commissioner by law, the Commissioner shall require mortgage loan originators to be licensed and registered through the Nationwide Mortgage Licensing System and Registry.
(b) In order to carry out this requirement, the Commissioner is authorized to participate in the Nationwide Mortgage Licensing System and Registry. Notwithstanding any other statute to the contrary, the Commissioner may, for this purpose, establish by rule, regulation or order requirements as necessary, 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 as deemed necessary by the Nationwide Mortgage Licensing System and Registry;
(2) The payment of fees to apply for or renew licenses through the Nationwide Mortgage Licensing System and Registry;
(3) The setting or resetting as necessary of renewal or reporting dates; and
(4) Requirements for amending or surrendering a license or any other such activities as the Commissioner deems necessary for participation in the Nationwide Mortgage Licensing System and Registry.
76 Del. Laws, c. 421, §  1;  77 Del. Laws, c. 96, §  1;
2023 Delaware Code › Title 5 - Banking › Chapter 24. MORTGAGE LOAN ORIGINATORS › § 2412. Nationwide mortgage licensing system and registry information challenge process.

§ 2412. Nationwide mortgage licensing system and registry information challenge process.
The Commissioner shall establish a process whereby mortgage loan originators may challenge information entered into the Nationwide Mortgage Licensing System and Registry by the Commissioner.
77 Del. Laws, c. 96, §  1;
2023 Delaware Code › Title 5 - Banking › Chapter 24. MORTGAGE LOAN ORIGINATORS › § 2413. License revocation or suspension.

§ 2413. License revocation or suspension.
(a) The Commissioner may revoke, suspend, condition, or refuse to renew any license, or publicly reprimand a licensee under this chapter upon finding that the licensee:
(1) Has violated or failed to comply with any provision of this chapter; any rule, regulation, order, or supervisory letter promulgated by the Commissioner under the authority of this title; or any other law, rule or regulation of this State or the federal government;
(2) Has failed at any time to meet the requirements of § 2406 or § 2409 of this title; or
(3) Has withheld information or made a material misstatement in an initial or renewal application for a license.
(b) Whenever the Commissioner determines to take any action under this section, the Commissioner shall issue a written order that shall include a statement of the facts upon which the action is based and a notice that the licensee may request a hearing in accordance with Chapter 101 of Title 29.
(c) (1) Except as provided in paragraph (c)(2) of this section, an order under this section shall not become effective less than 10 days after its mailing date.
(2) The Commissioner may issue an order under this section which shall become effective immediately upon issuance whenever in the opinion of the Commissioner, the public health, safety or welfare clearly requires emergency action and the Commissioner's order so states.
(d) (1) Upon its issuance, the Commissioner shall send a copy of the order to the licensee at that person's last known mailing address by certified mail, return receipt requested.
(2) If the licensee sends the Commissioner a written request for a hearing within 10 days of the order's mailing date, the Commissioner shall then hold a hearing in accordance with Chapter 101 of Title 29, and except as provided in paragraph (c)(2) of this section, the order then shall not become effective until the conclusion of the hearing.
(3) At the conclusion of the hearing, the Commissioner may affirm the order as originally issued, or modify, amend or rescind the order.
(e) No action taken under this section shall impair or affect the obligation of any preexisting lawful contract between any licensee and any person.
76 Del. Laws, c. 421, §  1;  77 Del. Laws, c. 96, §  1;
2023 Delaware Code › Title 5 - Banking › Chapter 24. MORTGAGE LOAN ORIGINATORS › § 2415. Surety bond required.

§ 2415. Surety bond required.
(a) Each mortgage loan originator shall be covered by a surety bond in accordance with this section. In the event that the mortgage loan originator is an employee or exclusive agent of a licensee under Chapter 21 or 22 of this title, the surety bond of the licensee under those chapters can be used in lieu of the mortgage loan originator's surety bond requirement, and in that event, the amount of the bond prescribed in this section, if greater, shall apply instead of the limits specified in those chapters.
(1) The surety bond shall provide coverage for each mortgage loan originator in an amount as prescribed in subsection (b) of this section.
(2) The surety bond shall be in a form as prescribed by the Commissioner.
(3) The Commissioner may promulgate rules or regulations with respect to the requirements for such surety bonds as are necessary to accomplish the purposes of this chapter.
(b) The penal sum of the surety bond shall be maintained in an amount that reflects the dollar amount of loans originated as determined by the Commissioner.
(c) When an action is commenced on a licensee's bond the Commissioner may require the filing of a new bond.
(d) Immediately upon recovery upon any action on the bond, the licensee shall file a new bond.
77 Del. Laws, c. 96, §  1;
2023 Delaware Code › Title 5 - Banking › Chapter 24. MORTGAGE LOAN ORIGINATORS › § 2416. Confidentiality.

§ 2416. Confidentiality.
In order to promote more effective regulation and reduce regulatory burden through supervisory information sharing:
(1) Except as otherwise provided in United States Public Law 110-289, § 1512 [12 U.S.C. § 5111], the requirements under any federal or state law regarding the privacy or confidentiality of any information or material obtained by or provided to the Nationwide Mortgage Licensing System and Registry pursuant to this chapter, and any privilege arising under federal or state law (including the rules of any federal or state court) with respect to such information or material, shall continue to apply to such information or material after the information or material has been disclosed to the Nationwide Mortgage Licensing System and Registry. Such information and material may be shared with all state and federal regulatory officials with mortgage industry oversight authority without the loss of privilege or the loss of confidentiality protections provided by federal or state law.
(2) For these purposes, the Commissioner is authorized to enter agreements or sharing arrangements with other governmental agencies, the Conference of State Bank Supervisors, the American Association of Residential Mortgage Regulators or other associations representing governmental agencies.
(3) Information or material that is subject to a privilege or confidentiality under paragraph (1) of this section shall not be subject to:
a. Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or an agency of the federal government or the respective state; or
b. Subpoena or discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privilege held by the Nationwide Mortgage Licensing System and Registry with respect to such information or material, the person to whom such information or material pertains waives, in whole or in part, in the discretion of such person, that privilege.
(4) Any state law relating to the disclosure or confidentiality of any information or material described in this section, including § 8527 of Title 11, that is inconsistent with this section shall be superseded.
(5) This section shall not apply with respect to the information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, mortgage loan originators that is included in the Nationwide Mortgage Licensing System and Registry for access by the public.
77 Del. Laws, c. 96, §  1;
2023 Delaware Code › Title 5 - Banking › Chapter 24. MORTGAGE LOAN ORIGINATORS › § 2418. Prohibited acts and practices.

§ 2418. Prohibited acts and practices.
It is a violation of this chapter for a person subject to this chapter to:
(1) Directly or indirectly employ any scheme, device, or artifice to defraud or mislead borrowers or lenders or to defraud any person;
(2) Engage in any unfair or deceptive practice toward any person;
(3) Obtain property by fraud or misrepresentation;
(4) Solicit or enter into a contract with a borrower that provides in substance that the person subject to this chapter may earn a fee or commission through “best efforts” to obtain a loan even though no loan is actually obtained for the borrower;
(5) Solicit, advertise, or enter into a contract for specific interest rates, points, or other financing terms unless the terms are actually available at the time of soliciting, advertising, or contracting;
(6) Conduct any business covered by this chapter without holding a valid license as required under this chapter, or assist or aid and abet any person in the conduct of business under this chapter without a valid license as required under this chapter;
(7) Fail to make disclosures as required by this chapter and any other applicable federal or state law including regulations thereunder;
(8) Fail to comply with this chapter or rules or regulations promulgated under this chapter, or fail to comply with any other federal or state law, including the rules and regulations thereunder, applicable to any business authorized or conducted under this chapter;
(9) Make, in any manner, any false or deceptive statement or representation, or engage in “bait and switch” advertising;
(10) Negligently make any false statement or knowingly and wilfully make any omission of material fact in connection with any information or reports filed with a governmental agency or the Nationwide Mortgage Licensing System and Registry or in connection with any investigation or examination conducted by the Commissioner or another governmental agency;
(11) Make any payment, threat or promise, directly or indirectly, to any person for the purposes of influencing the independent judgment of the person in connection with a residential mortgage loan, or make any payment threat or promise, directly or indirectly, to any appraiser of a property, for the purposes of influencing the independent judgment of the appraiser with respect to the value of the property;
(12) Collect, charge, attempt to collect or charge or use or propose any agreement purporting to collect or charge any fee prohibited by this chapter;
(13) Cause or require a borrower to obtain property insurance coverage in an amount that exceeds the replacement cost of the improvements as established by the property insurer; or
(14) Fail to truthfully account for monies belonging to a party to a residential mortgage loan transaction.
77 Del. Laws, c. 96, §  1;
2023 Delaware Code › Title 5 - Banking › Chapter 24. MORTGAGE LOAN ORIGINATORS › § 2419. Report to nationwide mortgage licensing system and registry.

§ 2419. Report to nationwide mortgage licensing system and registry.
Notwithstanding any state privacy law, the Commissioner is required to report regularly violations of this chapter, as well as enforcement actions and other relevant information, to the Nationwide Mortgage Licensing System and Registry subject to the provisions contained in § 2416 of this title.
77 Del. Laws, c. 96, §  1;
2023 Delaware Code › Title 5 - Banking › Chapter 24. MORTGAGE LOAN ORIGINATORS › § 2420. Unique identifier shown.

§ 2420. Unique identifier shown.
The unique identifier of any person originating a residential mortgage loan shall be clearly shown on all residential mortgage loan application forms, solicitations or advertisements, including business cards or websites, and any other documents as established by rule, regulation or order of the Commissioner.
77 Del. Laws, c. 96, §  1;
2023 Delaware Code › Title 5 - Banking › Chapter 24. MORTGAGE LOAN ORIGINATORS › § 2421. Recordkeeping.

§ 2421. Recordkeeping.
Every licensee shall maintain such books, accounts and records as will enable the Commissioner to enforce full compliance with this chapter, which books, accounts and records shall be in such form, shall contain such information and shall be kept in such manner as the Commissioner may require. Such records shall be kept at such place and shall be preserved for such length of time as the Commissioner may specify.
76 Del. Laws, c. 421, §  1;  77 Del. Laws, c. 96, §  1;
2023 Delaware Code › Title 5 - Banking › Chapter 24. MORTGAGE LOAN ORIGINATORS › § 2422. Broad administrative authority.

§ 2422. Broad administrative authority.
The Commissioner shall have the broad administrative authority to administer, interpret and enforce this chapter, and to promulgate rules or regulations implementing this chapter, in order to carry out the intentions of the General Assembly.
77 Del. Laws, c. 96, §  1;
2023 Delaware Code › Title 5 - Banking › Chapter 27. CASHING OF CHECKS, DRAFTS OR MONEY ORDERS › Subchapter I. General Provisions › § 2701. Definitions.

§ 2701. Definitions.
As used in this chapter, unless otherwise specifically defined, or unless another intention clearly appears, or the context requires a different meaning:
(1) “Commissioner” means the State Bank Commissioner.
(2) “Licensed casher of checks” means any individual, partnership, unincorporated association or corporation duly licensed by the State Bank Commissioner to engage in business pursuant to this chapter.
(3) “Licensee” means a licensed casher of checks, drafts or money orders.
(4) “Limited station” means that the licensee is authorized to carry on the licensee's business of cashing checks for the employees of a single and particular business or office, and at a single location at or near such particular business or office site.
(5) “Mobile unit” means any vehicle or other movable means from which the business of cashing checks, drafts or money orders is to be conducted.
Code 1935, §  2408A;  46 Del. Laws, c. 287, §  1;  5 Del. C. 1953, §  2701;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 5 - Banking › Chapter 27. CASHING OF CHECKS, DRAFTS OR MONEY ORDERS › Subchapter I. General Provisions › § 2702. Application of chapter.

§ 2702. Application of chapter.
The provisions of this chapter shall not apply:
(1) When checks, drafts or money orders are cashed without a consideration or charge;
(2) When checks, drafts or money orders are cashed by any person as an incident to the conduct of any other lawful business where not more than 10 cents is charged for cashing each check, draft or money order;
(3) To any national bank, federal reserve bank, federal savings bank, federal credit union or other person authorized by the laws of the United States to engage in the business of cashing checks, drafts or money orders in this State, or to any person doing business under or pursuant to the banking laws of this State, except a licensee under this chapter.
Code 1935, §  2408I;  46 Del. Laws, c. 287, §  1;  5 Del. C. 1953, §  2702;  72 Del. Laws, c. 286, §  3;
2023 Delaware Code › Title 5 - Banking › Chapter 27. CASHING OF CHECKS, DRAFTS OR MONEY ORDERS › Subchapter II. License Provisions › § 2711. Requirement of license.

§ 2711. Requirement of license.
No person shall engage in the business of cashing checks, drafts or money orders for a consideration without first obtaining a license from the State Bank Commissioner.
Code 1935, §  2408B;  46 Del. Laws, c. 287, §  1;  5 Del. C. 1953, §  2711;
2023 Delaware Code › Title 5 - Banking › Chapter 27. CASHING OF CHECKS, DRAFTS OR MONEY ORDERS › Subchapter II. License Provisions › § 2712. Form and contents of application for license.

§ 2712. Form and contents of application for license.
Application for a license required by § 2711 of this title shall be in writing, and in the form prescribed by the State Bank Commissioner, and shall state the name and the address (both of the residence and place of business) of the applicant, and if the applicant is a copartnership or association, of every member thereof, and if a corporation, of each officer and director thereof. If the business is to be conducted at a specific address, the application shall state the address at which the business is to be conducted, and if the business is to be conducted from a mobile unit, the Delaware State registration number or other identification of the mobile unit, and the area in which the applicant proposes to operate the mobile unit. The application shall also contain such further information as the Commissioner requires. The Commissioner, at the time the application is submitted or in connection with an investigation of the application, may require the applicant, the spouse of the applicant, a principal of, individual who is a person in control of, or proposed responsible individual of the applicant, or any other individual associated with the applicant and the proposed licensed activities, to provide the Commissioner or the Commissioner's designee with a complete set of fingerprints for purposes of a criminal background investigation.
Code 1935, §  2408B;  46 Del. Laws, c. 287, §  1;  5 Del. C. 1953, §  2712;  80 Del. Laws, c. 225, § 6;  82 Del. Laws, c. 78, § 5;
2023 Delaware Code › Title 5 - Banking › Chapter 27. CASHING OF CHECKS, DRAFTS OR MONEY ORDERS › Subchapter II. License Provisions › § 2713. Fees to be paid at time of application for license.

§ 2713. Fees to be paid at time of application for license.
The applicant, at the time of making the application under § 2712 of this title, shall pay to the State Bank Commissioner the nonrefundable sum of $150 as a fee for investigating the application and the additional sum of $200 as a license fee for a period terminating on the last day of the current calendar year, if the business is not to be conducted from a mobile unit; but if the business is to be conducted from a mobile unit, the fee for investigating the application shall be $200, and the license fee shall be $250. If the application is filed after June 30th in any year the payment shall be one-half of the stated license fee in addition to the above stated fee for investigation.
Code 1935, §  2408B;  46 Del. Laws, c. 287, §  1;  5 Del. C. 1953, §  2713;  67 Del. Laws, c. 88, §§  2, 3;
2023 Delaware Code › Title 5 - Banking › Chapter 27. CASHING OF CHECKS, DRAFTS OR MONEY ORDERS › Subchapter II. License Provisions › § 2715. Minimum requirement of liquid assets.

§ 2715. Minimum requirement of liquid assets.
Each applicant for a license shall prove, in form satisfactory to the State Bank Commissioner, that the applicant has available for the operation of the business, for each location and for each mobile unit specified in the application, liquid assets of at least $5,000, and every licensee shall continuously maintain for the operation of the business for each location and for each mobile unit liquid assets of at least $5,000.
Code 1935, §  2408B;  46 Del. Laws, c. 287, §  1;  5 Del. C. 1953, §  2715;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 5 - Banking › Chapter 27. CASHING OF CHECKS, DRAFTS OR MONEY ORDERS › Subchapter II. License Provisions › § 2716. Issuance of license; conditions precedent.

§ 2716. Issuance of license; conditions precedent.
If the State Bank Commissioner finds that the financial responsibility, experience, character and general fitness of the applicant, and of the members thereof if the applicant is a copartnership or association, and of the officers and directors thereof if the applicant is a corporation, are such as to command the confidence of the community and to warrant belief that the business will be operated honestly, fairly and efficiently within the purposes of this chapter, and if the Commissioner finds that the granting of the application will promote the convenience and advantage of the area in which such business is to be conducted, and if the Commissioner finds that the applicant has available for the operation of the business for each location and for each mobile unit specified in the application liquid assets of at least $5,000, the Commissioner shall thereupon issue a license to permit the cashing of checks, drafts and money orders in accordance with this chapter at the location or in the area specified in the application.
Code 1935, §  2408D;  46 Del. Laws, c. 287, §  1;  5 Del. C. 1953, §  2716;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 225, § 7;
2023 Delaware Code › Title 5 - Banking › Chapter 27. CASHING OF CHECKS, DRAFTS OR MONEY ORDERS › Subchapter II. License Provisions › § 2717. Refusal of license; disposition of fees.

§ 2717. Refusal of license; disposition of fees.
If the State Bank Commissioner finds that the applicant fails to meet any of the conditions set forth in § 2716 of this title, the Commissioner shall not issue the license, and the Commissioner shall notify the applicant of the denial. If an application is denied or withdrawn, the Commissioner shall, except where the application is for renewal of a license in force as provided in § 2720 of this title, retain the investigation fee to cover the costs of investigating the application and return the license fee to the applicant.
Code 1935, §  2408D;  46 Del. Laws, c. 287, §  1;  5 Del. C. 1953, §  2717;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 5 - Banking › Chapter 27. CASHING OF CHECKS, DRAFTS OR MONEY ORDERS › Subchapter II. License Provisions › § 2720. Term and renewal of licenses.

§ 2720. Term and renewal of licenses.
A license issued pursuant to this chapter shall be for a term expiring on the 31st day of December following the date of its issuance, and may be renewed for the ensuing calendar year upon the filing of an application in conformity with §§ 2711-2715 of this title; except that no fee shall be charged by the State Bank Commissioner for investigating such application. Every holder of a license or a renewal thereof, as provided for in this section, desiring to continue the transaction of business as provided for in this chapter, shall at least 30 days prior to the expiration of such license or renewal thereof make application to the Commissioner on forms to be provided by the Commissioner for a license renewal. The Commissioner may mandate that applications for renewal shall be treated as new applications if said renewal applications are not on file with the office of the State Bank Commissioner at least 30 days prior to the expiration of such license or renewal thereof. Licensees who have not complied with supervisory letters or who have not paid examination fees when due may be refused license renewal.
Code 1935, §  2408D;  46 Del. Laws, c. 287, §  1;  5 Del. C. 1953, §  2720;  70 Del. Laws, c. 6, §  13;  70 Del. Laws, c. 327, §  42;
2023 Delaware Code › Title 5 - Banking › Chapter 27. CASHING OF CHECKS, DRAFTS OR MONEY ORDERS › Subchapter II. License Provisions › § 2721. Transferability of license.

§ 2721. Transferability of license.
The license shall not be transferable or assignable.
Code 1935, §  2408D;  46 Del. Laws, c. 287, §  1;  5 Del. C. 1953, §  2721;
2023 Delaware Code › Title 5 - Banking › Chapter 27. CASHING OF CHECKS, DRAFTS OR MONEY ORDERS › Subchapter II. License Provisions › § 2722. Limitation of license.

§ 2722. Limitation of license.
Not more than 1 place of business or 1 mobile unit shall be maintained under the same license. More than 1 license may be issued to the same licensee upon compliance with this chapter for each new license.
Code 1935, §  2408E;  46 Del. Laws, c. 287, §  1;  5 Del. C. 1953, §  2722;
2023 Delaware Code › Title 5 - Banking › Chapter 27. CASHING OF CHECKS, DRAFTS OR MONEY ORDERS › Subchapter II. License Provisions › § 2723. License for limited station.

§ 2723. License for limited station.
Any licensed casher of checks may open and maintain, within this State, 1 or more limited stations for the purpose of cashing checks, drafts or money orders for the particular group or groups specified in the license authorizing each limited station. The stations shall be licensed pursuant to and be subject to all the provisions of this chapter applicable to licensed cashers of checks, except that no bond shall be required for such a station. The fee for investigating the application for a station shall be $10 and the annual license fee for each limited station shall be $20.
Code 1935, §  2408E;  46 Del. Laws, c. 287, §  1;  5 Del. C. 1953, §  2723;
2023 Delaware Code › Title 5 - Banking › Chapter 27. CASHING OF CHECKS, DRAFTS OR MONEY ORDERS › Subchapter II. License Provisions › § 2724. Change of place of business or area; change of name.

§ 2724. Change of place of business or area; change of name.
(a) A licensee may make a written application to the State Bank Commissioner for leave to change the licensee's place of business, or in the case of a mobile unit, the area in which the unit is authorized to be operated, stating the reasons for the proposed change. If the Commissioner approves the application the Commissioner shall issue a new license in accordance with § 2716 of this title, for the new location of the licensee or, in the case of a mobile unit, the new area in which the mobile unit may be operated.
(b) In case there is a change in name but no change in corporate structure of a licensee, the Commissioner shall issue without charge an amended license for the new name.
Code 1935, §  2408E;  46 Del. Laws, c. 287, §  1;  5 Del. C. 1953, §  2724;  72 Del. Laws, c. 15, §  39;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 225, § 9;
2023 Delaware Code › Title 5 - Banking › Chapter 27. CASHING OF CHECKS, DRAFTS OR MONEY ORDERS › Subchapter II. License Provisions › § 2725. Suspension, revocation or surrender of license.

§ 2725. Suspension, revocation or surrender of license.
(a) The Commissioner may revoke any license issued hereunder upon finding that:
(1) The licensee has violated any provision of this chapter or any rule or regulation made by the Commissioner under and within the authority of this chapter or of any other law, rule or regulation of this State or the United States;
(2) Any fact or condition exists which, if it had existed at the time of the original application for such license, would have warranted the Commissioner in refusing originally to issue such license; or
(3) The licensee has engaged in business activities or practices, in connection with any business for which a license is required under this chapter, which could be deemed unfair or deceptive by nature of intent. Such activities and practices include, but are not limited to, the use of tactics which mislead the consumer, misrepresent the consumer transaction or any part thereof, or otherwise create false expectations on the part of the consumer.
(b) The Commissioner may temporarily suspend any license pending the issuance of a final order as provided in Chapter 101 of Title 29.
(c) Except as provided in subsection (b) of this section, no license shall be revoked or suspended except after notice and an opportunity for the licensee to request a hearing in accordance with Chapter 101 of Title 29.
(d) Any licensee may surrender any license by delivering to the Commissioner such license together with written notice that it thereby surrenders such license, but such surrender shall not affect such licensee's civil or criminal liability for acts committed prior to such surrender.
(e) No revocation, suspension or surrender of any license shall impair or affect the obligation of any preexisting lawful contract between the licensee and any person.
(f) Every license issued hereunder shall remain in force and effect until the same shall have expired or shall have been surrendered, revoked or suspended in accordance with this chapter, but the Commissioner shall have authority to reinstate a suspended license or to issue a new license to a licensee whose license shall have been revoked if no fact or condition then exists which would have warranted the Commissioner in refusing originally to issue such license under this chapter.
(g) Whenever the Commissioner shall revoke or suspend a license issued pursuant to this chapter, the Commissioner shall forthwith execute a written order to that effect. The Commissioner shall forthwith serve the written order upon the licensee. Any such order may be reviewed in the manner provided by Chapter 101 of Title 29.
Code 1935, §  2408H;  46 Del. Laws, c. 287, §  1;  5 Del. C. 1953, §  2725;  57 Del. Laws, c. 740, §  24;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 24, §  13;  77 Del. Laws, c. 126, §  6;