reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2065. Licenses - Renewal.

A. Except as otherwise provided in the Oklahoma Licensed Perfusionists Act, a license shall be renewed annually. The State Board of Examiners of Perfusionists shall mail notices at least thirty (30) calendar days prior to the expiration for renewal of licenses to every person to whom a license was issued or renewed during the preceding renewal period. A person may renew an unexpired license by submitting proof satisfactory to the Board of compliance with the continuing professional education requirements prescribed by the Board and paying a renewal fee as specified by Section 21 of this act to the Board before the expiration date of the license.
B. If a person's license has been expired for not more than ninety (90) days, the person may renew the license by submitting proof satisfactory to the Board of compliance with the continuing professional education requirements prescribed by the Board and paying to the Board a renewal fee as specified by Section 21 of this act.
C. If a person's license has been expired for more than ninety (90) days but less than two (2) years, the person may renew the license by submitting proof satisfactory to the Board of compliance with the continuing professional education requirements prescribed by the Board and paying to the Board all unpaid renewal fees and a reinstatement fee as specified by Section 21 of this act.
D. If a person's license has been expired two (2) years or more, the person may not be permitted to renew the license, but such person may obtain a new license by submitting to reexamination and complying with the current requirements and procedures for obtaining a license.
E. No penalty for late renewal shall be charged to any license holder whose license expires while the holder is in military service if an application for renewal is made within one (1) year following such holder's service discharge.
F. The Board is authorized to establish by rule fees for replacement and duplicate licenses.
Added by Laws 1996, c. 226, § 15, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2066. Exempt persons.

The provisions of the Oklahoma Licensed Perfusionists Act shall not apply to:
1. A person licensed by another health professional licensing board if:
a.
the person does not represent to the public, directly or indirectly, that the person is licensed pursuant to the provisions of the Oklahoma Licensed Perfusionists Act, and does not use any name, title, or designation indicating that the person is licensed pursuant to the Oklahoma Licensed Perfusionists Act, and
b.
the person confines the person's acts or practice to the scope of practice authorized by the other health professional licensing laws;
2. A student enrolled in an accredited perfusion education program if perfusion services performed by the student:
a.
are an integral part of the student's course of study, and
b.
are performed under the direct supervision of a licensed perfusionist assigned to supervise the student and who is on duty and immediately available in the assigned patient care area;
3. The practice of any legally qualified perfusionist employed by the United States government which is in the discharge of official duties; or
4. A person performing autotransfusion or blood conservation techniques under the supervision of a licensed physician.
Added by Laws 1996, c. 226, § 16, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2067. Disciplinary proceedings - Penalties.

The State Board of Examiners of Perfusionists may assess administrative penalties, revoke, suspend, or refuse to renew any license, place on probation, or otherwise reprimand a license holder or deny a license to an applicant if it finds that the person:
1. Is guilty of fraud or deceit in procuring or attempting to procure a license or renewal of a license to practice perfusion;
2. Is unfit or incompetent by reason of negligence, habits, or other causes of incompetence;
3. Is habitually intemperate in the use of alcoholic beverages;
4. Is addicted to, or has improperly obtained, possessed, used, or distributed habit-forming drugs or narcotics;
5. Is guilty of dishonest or unethical conduct;
6. Has practiced perfusion after the license has expired or has been suspended, revoked or not renewed;
7. Has practiced perfusion under cover of any permit, license, or certificate illegally or fraudulently obtained or issued;
8. Has violated or aided or abetted others in violation of any provision of the Oklahoma Licensed Perfusionists Act;
9. Has been guilty of unprofessional conduct as defined by the rules established by the Board, or of violating the code of ethics adopted and published by the Board;
10. Is guilty of the unauthorized practice of medicine; or
11. Has been found to be in violation of any provision of the Oklahoma Licensed Perfusionists Act or rules promulgated thereto.
Added by Laws 1996, c. 226, § 17, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2068. Disciplinary proceedings - Investigation - Hearing - Costs - Publication of names and addresses.

A. Upon the filing of a written complaint with the State Board of Examiners of Perfusionists charging a person with any of the acts described in Section 17 of this act, an authorized employee of the Board may make an investigation. If the Board finds reasonable grounds for the complaint, a time and place for a hearing shall be set, notice of which shall be served on the license holder, or applicant at least fifteen (15) calendar days prior thereto. The notice shall be by personal service or by certified or registered mail sent to the last-known address of the person.
B. Hearing procedures shall be conducted in accordance with, and a person who feels aggrieved by a decision of the Board may make an appeal pursuant to, Article II of the Administrative Procedures Act.
C. Any person who has been determined to be in violation of the Oklahoma Licensed Perfusionists Act or any rule promulgated thereto, in addition to any administrative penalty assessed by the Board pursuant to Section 20 of this act, shall pay for all costs incurred by the Board.
D. The Board shall make public on a case-by-case basis the names and addresses of persons whose licenses have been denied, surrendered, revoked, suspended, or who have been denied renewal of their licenses, placed on probation or otherwise reprimanded, and persons who have been practicing perfusion in violation of the Oklahoma Licensed Perfusionists Act.
Added by Laws 1996, c. 226, § 18, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2069. Criminal violations.

It is a misdemeanor for any person to:
1. Sell, fraudulently obtain or furnish any perfusion license or record, or aid or abet therein;
2. Practice perfusion under cover of any perfusion diploma, license, or record illegally or fraudulently obtained or issued;
3. Practice perfusion unless duly licensed to do so pursuant to the provisions of the Oklahoma Licensed Perfusionists Act;
4. Impersonate in any manner or pretend to be a perfusionist or use the title "licensed perfusionist", the letters "L.P." or other words, letters, signs, symbols, or devices to indicate the person using them is a licensed perfusionist unless duly authorized by a license to perform under the provisions of the Oklahoma Licensed Perfusionists Act;
5. Practice perfusion during the time a license is suspended, revoked, or expired or not renewed;
6. Fail to notify the Board of the suspension, probation, or revocation of any past or currently held permits, licenses, or certificates required to practice perfusion in this or any other jurisdiction;
7. Knowingly employ unlicensed persons in the practice of perfusion in the capacity of a perfusionist;
8. Make false representations or impersonate or act as a proxy for another person or allow or aid any person or impersonate the person in connection with any examination or application for licensure or request to be examined or licensed; or
9. Otherwise violate any provision of the Oklahoma Licensed Perfusionists Act.
Added by Laws 1996, c. 226, § 19, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2070. Penalties for violation.

A. 1. Any person who has been determined by the State Board of Examiners of Perfusionists to have violated any provision of the Oklahoma Licensed Perfusionists Act or any rule or order issued pursuant thereto may be liable for an administrative penalty of not more than Five Hundred Dollars ($500.00) for each day that said violation continues. The maximum administrative penalty shall not exceed Ten Thousand Dollars ($10,000.00) for any related series of violations that do not constitute immediate jeopardy to patients. Penalties of not more than One Thousand Dollars ($1,000.00) per day may be imposed for violations constituting immediate jeopardy to residents.
2. The amount of the penalty shall be assessed by the Board pursuant to the provisions of paragraph 1 of this subsection, after notice and hearing. In determining the amount of the penalty, the Board shall include but not be limited to consideration of the nature, circumstances, and gravity of the violation, the repetitive nature of the violation of the person, the previous degree of difficulty in obtaining compliance with the Oklahoma Licensed Perfusionists Act or the rules promulgated pursuant thereto and, with respect to the person found to have committed the violation, the degree of culpability, and substantial show of good faith in attempting to achieve compliance with the provisions of the Oklahoma Licensed Perfusionists Act.
3. Any license holder may elect to surrender the license of such holder in lieu of said penalty but shall be forever barred from obtaining a reissuance of the license pursuant to the Oklahoma Licensed Perfusionists Act.
B. Any person determined to be in violation of any provision of the Oklahoma Licensed Perfusionists Act, upon conviction thereof, shall be guilty of a misdemeanor and shall be punishable by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment for each offense.
Added by Laws 1996, c. 226, § 20, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2071. Fees.

The maximum fees to be charged pursuant to the Oklahoma Licensed Perfusionists Act are as follows:
Application fee for licensure
$100.00
License to practice perfusion
$300.00
Provisional license to practice perfusion
$300.00
Renewal for unexpired license to practice perfusion
$300.00
Renewal for expired license to practice perfusion if made prior to ninety (90) days after expiration of license $400.00
Renewal for expired license to practice perfusion if made between ninety (90) days and two (2) years after expiration of license $500.00
Added by Laws 1996, c. 226, § 21, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2095.1. Legislative findings.

The activities of mortgage brokers, mortgage lenders, and mortgage loan originators and the origination, offering, servicing or modification of financing for residential real property have a direct, valuable, and immediate impact upon Oklahoma's consumers, the Oklahoma economy, the neighborhoods and communities of Oklahoma, and the housing and real estate industry. Therefore, the Legislature finds that accessibility to mortgage credit is vital to the state's citizens. The Legislature also finds that it is essential for the protection of the citizens of Oklahoma and the stability of the Oklahoma economy that reasonable standards for licensing and regulation of the business practices of mortgage brokers, mortgage lenders, and mortgage loan originators be imposed. The Legislature further finds that the obligations of mortgage brokers, mortgage lenders, and mortgage loan originators to consumers in connection with originating or making, modifying or servicing residential mortgage loans are such as to warrant the regulation of the mortgage lending and servicing process. The purpose of the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act is to protect consumers seeking mortgage loans and to ensure that the mortgage lending and servicing industry is operating without unfair, deceptive, and fraudulent practices on the part of mortgage brokers, mortgage lenders, and mortgage loan originators. Therefore, the Legislature establishes within the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act:
1. An effective system of supervision and enforcement of the mortgage lending and servicing industry, including:
a.
the authority to issue licenses to conduct business under this act, including the authority to write rules or regulations or adopt procedures necessary to the licensing of entities or individuals covered pursuant to the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act,
b.
the authority to censure, deny, place on probation, suspend or revoke licenses issued pursuant to the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act, and
c.
the authority to examine, investigate, and conduct enforcement actions as necessary to carry out the intended purposes of the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act, 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; and
2. Broad administrative authority for the Administrator of Consumer Credit to administer, interpret, and enforce the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act and promulgate rules, subject to approval of the Commission on Consumer Credit, in order to carry out the intentions of the Legislature.
Added by Laws 2009, c. 190, § 4, eff. July 1, 2009. Amended by Laws 2015, c. 320, § 1, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2095.3. Exemptions.

The following are exempt from all provisions of the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act:
1. Registered mortgage loan originators, when acting for an entity described in divisions (1), (2) and (3) of subparagraph a of paragraph 18 of Section 2095.2 of this title;
2. An individual who offers or negotiates or modifies terms of a residential mortgage loan with or on behalf of an immediate family member of the individual;
3. An individual who offers or negotiates or modifies terms of a residential mortgage loan secured by a dwelling that served as the individual's residence;
4. A licensed attorney who negotiates or modifies 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;
5. Entities described in divisions (1), (2) and (3) of subparagraph a of paragraph 18 of Section 2095.2 of this title; or
6. Any entity that is an organization recognized by the Internal Revenue Service as a 501(c)(3) charitable entity that meets the conditions set forth in (B) through (F) of subparagraph (ii), paragraph (7), subsection (e) of Section 1008.103 of Title 12 of the Code of Federal Regulations.
Added by Laws 2009, c. 190, § 6, eff. July 1, 2009. Amended by Laws 2010, c. 415, § 25, eff. July 1, 2010; Laws 2015, c. 320, § 2, eff. Nov. 1, 2015; Laws 2021, c. 151, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2095.4. Unique identifier required on documents.

The unique identifier of any licensed mortgage broker, mortgage lender or licensed mortgage loan originator 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.
Added by Laws 2009, c. 190, § 7, eff. July 1, 2009. Amended by Laws 2013, c. 98, § 2, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2095.5. License and registration requirements - Independent contractors - Rules and procedures.

A. 1. An entity or individual, unless specifically exempted from the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act, as provided in Section 2095.3 of this title, shall not engage in the business of a mortgage broker, mortgage lender or mortgage loan originator with respect to any dwelling located in this state without first obtaining and maintaining annually a license under the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act. Each licensed mortgage broker, mortgage lender and mortgage loan originator must register with and maintain a valid unique identifier issued by the Nationwide Mortgage Licensing System and Registry.
2. In order to facilitate an orderly transition to licensing and minimize disruption in the mortgage marketplace, the effective date for licensing all entities and individuals as provided in this subsection, including those currently licensed as mortgage brokers or mortgage loan originators, shall be July 31, 2010, or such later date approved by the Secretary of the U.S. Department of Housing and Urban Development, pursuant to the authority granted under 12 U.S.C., Section 5107.
B. 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 as required by the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act. Each independent contractor loan processor or underwriter licensed as a mortgage broker or mortgage loan originator must have and maintain a valid unique identifier issued by the Nationwide Mortgage Licensing System and Registry.
C. For the purposes of implementing an orderly and efficient licensing process, the Administrator of Consumer Credit may establish licensing rules, upon approval by the Commission, and the Administrator may establish interim procedures for licensing and acceptance of applications. For previously registered or licensed entities or individuals, the Administrator may establish expedited review and licensing procedures.
Added by Laws 2009, c. 190, § 8, eff. July 1, 2009. Amended by Laws 2010, c. 415, § 26, eff. July 1, 2010; Laws 2013, c. 98, § 3, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2095.8. Prelicense education requirements - Course approval.

A. In order to meet the prelicensing education requirement referred to in Section 2095.7 of this title, an individual shall complete at least twenty (20) hours of education approved in accordance with subsection B of this section, which shall include at least:
1. Three (3) hours of federal law and regulations;
2. Three (3) hours of ethics, which shall include instruction on fraud, consumer protection and fair lending issues;
3. Two (2) hours of training related to lending standards for the nontraditional mortgage product marketplace; and
4. One (1) hour of Oklahoma law and regulations.
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 paragraph 1 of subsection A and subsections B and C of this section for any state shall be accepted as credit towards completion of prelicensing education requirements in this state.
F. An individual previously licensed pursuant to the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act, subsequent to July 1, 2009, and applying to be licensed again, must prove completion of all of the continuing education requirements for the year in which the license was last held.
Added by Laws 2009, c. 190, § 11, eff. July 1, 2009. Amended by Laws 2015, c. 320, § 4, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2095.9. Written test requirement.

A. In order to meet the written test requirement referred to in Section 10 of this act, an individual shall pass, in accordance with 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 regulations 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 seventy-five percent (75%) correct answers to questions.
2. An individual may retake a test three consecutive times with each consecutive taking occurring at least thirty (30) days after the preceding test.
3. After failing three consecutive tests, an individual shall wait at least six (6) months before taking the test again.
4. A licensed mortgage loan originator who fails to maintain an active and valid license for a period of five (5) years or longer shall retake the test, not taking into account any time during which such individual is a registered mortgage loan originator.
Added by Laws 2009, c. 190, § 12, eff. July 1, 2009.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2095.10. Minimum standards for mortgage loan originator 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 license issuance under Section 10 of this act;
2. The mortgage loan originator has satisfied the annual continuing education requirements described in Section 24 of this act; and
3. The mortgage loan originator has paid all required fees for renewal of the license.
B. The license of a mortgage loan originator failing to satisfy the minimum standards for license renewal shall expire. The Administrator of Consumer Credit may adopt procedures in addition to the requirements of Section 9 of this act for the reinstatement of expired licenses consistent with the standards established by the Nationwide Mortgage Licensing System and Registry.
Added by Laws 2009, c. 190, § 13, eff. July 1, 2009.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2095.12. Minimum standards for mortgage broker license renewal.

A. The minimum standards for license renewal for mortgage brokers shall include the following:
1. The mortgage broker continues to meet the minimum standards for license issuance under Section 14 of this act; and
2. The mortgage broker has paid all required fees for renewal of the license.
B. The license of a mortgage broker failing to satisfy the minimum standards for license renewal shall expire. The Administrator of Consumer Credit may adopt procedures in addition to the requirements of Section 9 of this act for the reinstatement of expired licenses consistent with the standards established by the Nationwide Mortgage Licensing System and Registry.
Added by Laws 2009, c. 190, § 15, eff. July 1, 2009.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2095.12.1. Minimum standards for license renewal of mortgage lenders.

A. The minimum standards for license renewal for mortgage lenders shall include the following:
1. The mortgage lender continues to meet the minimum standards for license issuance under this act; and
2. The mortgage lender has paid all required fees for renewal of the license.
B. The license of a mortgage lender failing to satisfy the minimum standards for license renewal shall expire. The Administrator of Consumer Credit may adopt procedures for the reinstatement of expired licenses consistent with the standards established by the Nationwide Mortgage Licensing System and Registry.
Added by Laws 2013, c. 98, § 7, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2095.13. Participation in the Nationwide Mortgage Licensing System and Registry.

In addition to any other duties imposed upon the Administrator of Consumer Credit by law, the Administrator shall require mortgage brokers, mortgage lenders and mortgage loan originators to be licensed and registered through the Nationwide Mortgage Licensing System and Registry. In order to carry out this requirement, the Administrator is authorized to participate in the Nationwide Mortgage Licensing System and Registry. For this purpose, the Administrator, upon approval of the Commission, may establish requirements by rule as necessary and consistent with this act, 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 Administrator deems necessary for participation in the Nationwide Mortgage Licensing System and Registry.
Added by Laws 2009, c. 190, § 16, eff. July 1, 2009. Amended by Laws 2013, c. 98, § 8, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2095.14. Rules for challenging information.

The Administrator of Consumer Credit shall, upon approval by the Commission on Consumer Credit, establish by rule a process whereby mortgage brokers, mortgage lenders and mortgage loan originators may challenge information entered into the Nationwide Mortgage Licensing System and Registry by the Administrator.
Added by Laws 2009, c. 190, § 17, eff. July 1, 2009. Amended by Laws 2013, c. 98, § 9, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2095.16. Trust account.

A. A mortgage broker or mortgage loan originator shall deposit, prior to the end of the next business day, all monies received from borrowers for third-party provider services in a trust account of a federally insured financial institution. The trust account shall be designated and maintained for the benefit of borrowers. Monies maintained in the trust account shall be exempt from execution, attachment, or garnishment. A mortgage broker or mortgage loan originator shall not in any way encumber the corpus of the trust account or commingle any other operating funds with trust account funds.
B. Withdrawals from the trust account shall be only for the payment of bona fide services rendered by a third-party provider or for refunds to borrowers. Any interest earned on the trust account shall be refunded or credited to the borrowers at closing. Any monies remaining in the trust account after payment to third-party providers shall be refunded to the borrower.
C. The mortgage broker or mortgage loan originator shall pay third-party providers no later than thirty (30) days after completion of the third-party service.
D. A mortgage broker or mortgage loan originator shall maintain accurate, current, and readily available records of the trust account until at least three (3) years have elapsed following the effective period to which the records relate. The records shall be subject to audit by the Administrator of Consumer Credit pursuant to an examination or investigation.
E. The provisions of this section shall not apply to a depository institution as defined in Section 2095.2 of this title, its subsidiaries and affiliates or any employee or exclusive agent thereof.
Added by Laws 2009, c. 190, § 19, eff. July 1, 2009. Amended by Laws 2010, c. 415, § 29, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2095.18. Specific violations.

It is a violation of this act for an entity or individual subject to this act to:
1. Directly or indirectly employ any scheme, device, or artifice to defraud or mislead borrowers or lenders or to defraud any entity or individual;
2. Engage in any unfair or deceptive practice toward any entity or individual;
3. Obtain property by fraud or misrepresentation;
4. Solicit or enter into a contract with a borrower that provides in substance that the entity or individual subject to this act may earn a fee or commission through "best efforts" to obtain or modify a loan even though a loan is not actually obtained or modified 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 act without holding a valid license as required under this act or assist or aide and abet any entity or individual in the conduct of business under this act without a valid license as required under this act;
7. Fail to make disclosures as required by this act and any other applicable state or federal law including regulations thereunder;
8. Fail to comply with this act or rules promulgated under this act or fail to comply with any other state or federal law, including any rules thereunder, applicable to any business authorized or conducted under this act;
9. Make, in any manner, any false or deceptive statement or representation, including, with regard to the rates, points, or other financing terms or conditions for a residential mortgage loan or engage in bait and switch advertising;
10. Negligently make any false statement or knowingly and willfully 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 conducted by the Administrator of Consumer Credit or another governmental agency;
11. Make any payment, threat or promise, directly or indirectly, to any entity or individual for the purposes of influencing the independent judgment of the entity or individual 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 act;
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.
Added by Laws 2009, c. 190, § 21, eff. July 1, 2009.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2095.19. Fines - Injunctions and restraining orders.

A. In addition to any other penalties provided by law, any entity or individual without a license as required by the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act who engages in the business of a mortgage broker, mortgage lender or mortgage loan originator or who willingly and knowingly violates any provision of the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act, upon conviction, shall be guilty of a misdemeanor which shall be punishable by a fine of not more than One Thousand Dollars ($1,000.00) for each violation. Each violation shall be a separate offense under this section.
B. In addition to any civil or criminal actions authorized by law, the Administrator of Consumer Credit, the Attorney General, or the district attorney may apply to the district court in the county in which a violation of the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act has allegedly occurred for an order enjoining or restraining the entity or individual from continuing the acts specified in the complaint. The court may grant any temporary or permanent injunction or restraining order, without bond, as it deems just and proper.
Added by Laws 2009, c. 190, § 22, eff. July 1, 2009. Amended by Laws 2013, c. 98, § 11, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2095.20. Oklahoma Mortgage Broker and Mortgage Loan Originator Recovery Fund - Reimbursement and payments.

A. 1. There is hereby created in the State Treasury a revolving fund for the Commission on Consumer Credit to be designated the "Oklahoma Mortgage Broker and Mortgage Loan Originator Recovery Fund". The fund shall consist of fees received by the Administrator of Consumer Credit as required by paragraph 6 of subsection M of Section 2095.6 of this title to be paid into the fund.
2. The revolving fund shall be a continuing fund not subject to fiscal year limitations and shall be under the administrative direction of the Administrator. Monies accruing to the credit of this fund are hereby appropriated and may be budgeted and expended by the Commission, pursuant to rules promulgated by the Commission, for the purposes specified in subsection B of this section. The provisions of this paragraph shall have retroactive and prospective application.
3. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
B. 1. Subject to the limitations of this subsection, monies in the fund shall be used to reimburse any entity or individual in an amount not to exceed Five Thousand Dollars ($5,000.00) who has been adjudged by a court of competent jurisdiction to have suffered monetary damages by an entity or individual required to have a license under the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act in any transaction or series of transactions for which a license is required under the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act because of the acquisition of money or property by fraud, misrepresentation, deceit, false pretenses, artifice, trickery, or by any other act which would constitute a violation of the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act.
2. Payments for claims based on judgments against any one person required to have a license under this act shall not exceed in the aggregate Thirty Thousand Dollars ($30,000.00).
3. Payments for claims may only be made for a cause of action which has accrued on or after November 1, 1997, and which has accrued not more than two (2) years prior to filing the action in district court.
Added by Laws 2009, c. 190, § 23, eff. July 1, 2009. Amended by Laws 2012, c. 304, § 292.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2095.21. Licensed mortgage loan originator continuing education requirements.

A. In order to meet the annual continuing education requirements as provided in subsection A of Section 2095.10 of this title, a licensed mortgage loan originator shall complete at least eight (8) hours of education approved as provided in subsection B of this section, which shall include at least:
1. Three (3) hours of federal law and regulations;
2. Two (2) hours of ethics, which shall include instruction on fraud, consumer protection and fair lending issues; and
3. Two (2) 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, except as provided in subsection B of Section 2095.10 of this title and subsection I of this section:
1. 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 two (2) hours credit for every one (1) hour taught.
G. An individual having successfully completed the education requirements approved by the Nationwide Mortgage Licensing System and Registry in paragraph 1 of subsection A and subsections B and C of this section for any state shall be accepted as credit towards completion of 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. An individual meeting the requirements of paragraphs 1 and 2 of subsection A of Section 2095.10 of this title may make up any deficiency in continuing education as established by rule.
Added by Laws 2009, c. 190, § 24, eff. July 1, 2009. Amended by Laws 2013, c. 98, § 12, eff. Nov. 1, 2013; Laws 2015, c. 320, § 5, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2095.22. Supervisory information sharing.

In order to promote more effective regulation and reduce regulatory burden through supervisory information sharing:
1. Except as otherwise provided in 12 U.S.C., Section 5111, the requirements under federal or Oklahoma law, regarding the privacy or confidentiality of any information or material provided to the Nationwide Mortgage Licensing System and Registry 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 Oklahoma law.
2. For these purposes, the Administrator of Consumer Credit is authorized to enter into 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 entity or individual to whom such information or material pertains waives, in whole or in part, in the discretion of such entity or individual, that privilege.
4. Any provision of Oklahoma law relating to the disclosure of confidential supervisory information or any information or material described in paragraph 1 of this section that is inconsistent with paragraph 1 of this section shall be superseded by the requirements of this section.
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 brokers and mortgage loan originators that is included in the Nationwide Mortgage Licensing System and Registry for access by the public.
Added by Laws 2009, c. 190, § 25, eff. July 1, 2009.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2095.24. Submission of reports of condition.

Each licensee shall submit to the Nationwide Mortgage Licensing System and Registry reports of condition, which shall be in such form and shall contain such information as the Nationwide Mortgage Licensing System and Registry may require.
Added by Laws 2009, c. 190, § 27, eff. July 1, 2009.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2095.25. Reporting of violations and enforcement actions.

Notwithstanding or subject to state privacy law, the Administrator of Consumer Credit is required to regularly report violations of this act as well as enforcement actions and other relevant information to the Nationwide Mortgage Licensing System and Registry subject to the provisions contained in Section 25 of this act.
Added by Laws 2009, c. 190, § 28, eff. July 1, 2009.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2302. Definitions.

As used in the Oklahoma Licensed Pedorthists Act:
1. "Accommodative device" means a device designed with a primary goal of conforming to the individual's anatomy;
2. "Board" means the State Board of Medical Licensure and Supervision;
3. "Certified Pedorthist (C. Ped.)” means a professional whose competence in the practice of pedorthics is attested to by issuance of a credential by the Board for Certification in Pedorthics;
4. "Committee" means the Advisory Committee on Pedorthics created by Section 5 of this act;
5. "Department" means the State Department of Health;
6. "Licensed Pedorthist" means a person who is licensed as required by the Oklahoma Licensed Pedorthists Act, who regularly practices pedorthics, and who is therefore entitled to represent himself or herself to the public by a title or description of services that includes the term "pedorthist";
7. "Pedorthic devices" means therapeutic shoes, shoe modifications made for therapeutic purposes, partial foot prostheses, and custom made orthoses, inserts, inlays or variants thereof for use from the ankle and below, but does not include nontherapeutic accommodative inlays or nontherapeutic accommodative footwear, regardless of method of manufacture, unmodified over-the-counter shoes, or prefabricated foot care products;
8. "Practice of pedorthics" means the practice, pursuant to a written prescription from a physician when addressing a medical condition, of evaluating, planning treatment, measuring, designing, fabricating, assembling, fitting, adjusting, managing of the patient, or servicing necessary to accomplish the application of a pedorthic device for the prevention or amelioration of painful and/or disabling conditions of the foot and ankle; and
9. "Therapeutic device" means a device that addresses a medical condition.
Added by Laws 2001, c. 190, § 2, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2303. Persons to whom act does not apply.

The Oklahoma Licensed Pedorthists Act shall not apply to:
1. Physicians licensed by this state to practice medicine and surgery (M.D.), chiropractic (D.C.), osteopathy (D.O.), or podiatry (D.P.M.) when engaging in the practice or practices for which the person is licensed;
2. A person licensed by this state as a physical therapist when engaging in the practice for which licensed;
3. Persons whose competence is credentialed by a certifying agency recognized by the State Board of Medical Licensure and Supervision; or
4. The practice of pedorthics by:
a.
a person who is employed by the United States government or any entity thereof while in the discharge of the employee's assigned duties,
b.
a student enrolled in a school of pedorthics recognized by the Board, or
c.
a student participating in a Board-recognized work experience program or internship in pedorthics.
Added by Laws 2001, c. 190, § 3, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2304. Powers of Board of Medical Licensure and Supervision.

A. The State Board of Medical Licensure and Supervision is hereby authorized to adopt and promulgate rules, pursuant to the Oklahoma Administrative Procedures Act, that it deems necessary for the implementation and enforcement of the Oklahoma Licensed Pedorthists Act, including but not limited to, qualifications for licensure, qualifications for registration, renewals, reinstatements, continuing education requirements, and fees. In doing so the Board shall give utmost consideration to the recommendations of the Advisory Committee on Pedorthics.
B. The Board is hereby empowered to perform investigations, to require the production of records and other documents relating to practices regulated by the Oklahoma Licensed Pedorthists Act, and to seek injunctive relief.
Added by Laws 2001, c. 190, § 4, eff. Nov. 1, 2001.