4 CCR 725-3, ch. 2 - REQUIREMENTS FOR LICENSURE

2.1. Pre-Licensing Education Requirement

An Applicant must successfully complete the twenty (20) hours of pre-licensing education reviewed and approved by the NMLS or by a company contracted by the NMLS for the review and approval of pre- licensing courses.

A. Colorado specific pre-licensing education
1. Effective March 1, 2016, Applicants must also complete two (2) hours of Colorado specific pre-licensing education reviewed and approved by the NMLS or by a company contracted by the NMLS for the review and approval of pre-licensing courses.
2. The two (2) hours of Colorado specific education replaces what was a required general elective within the twenty (20) hours of pre-licensing education.
3. Applicants may also complete the two (2) hours of Colorado specific pre-licensing education as a standalone course outside of the twenty (20) hour pre-licensing education.
4. The two (2) hours of Colorado specific education must have a final course examination that covers all major topics covered in the course. Applicants must receive a passing score of seventy-five percent (75%) on the Colorado specific education examination.
B. Completion of pre-licensing education
1. New license or expired license for three or more years

Applicants who have never held a license or held a license that has expired for three (3) or more years in Colorado or any other Jurisdiction must satisfactorily complete twenty (20) hours of pre-licensing education within the three (3) year period immediately the date of application for licensure.

2. Holds a Valid license or expired license for less than three years

Applicants who hold a Valid license or held a license that has expired for less than three (3) years in Colorado or any other Jurisdiction must complete the Colorado specific education as set forth in subsection A.1. of this Rule if not previously taken.

C. Course audits

The Board or the Board's designee may audit courses set forth in this Rule at any time and at no cost. The Board may request from each course provider all related instructional materials, student attendance records and other information that may be necessary for an audit. The purpose of the audit is to ensure adherence to the approved course of study by verifying the course material and instruction are consistent with acceptable educational principles; and that instruction is provided in a manner that the desired learning objectives are met. Failure to comply with relevant statutes and these Rules may result in the withdrawal of the approval of the course provider, instructor, and/or course.

2.2. S.A.F.E. Mortgage Loan Originator Examination Requirement

The S.A.F.E. Mortgage Loan Originator Examination is developed by the NMLS and consists of the national examination with the Uniform State Test content.

A. An Applicant must successfully pass the examination in accordance with the policies and procedures developed and administered by the NMLS.
B. Applicants must comply with NMLS test administration standards and any test administration required by the testing service provider.
C. An Applicant may retake the examination three (3) consecutive times with each consecutive time occurring at least thirty (30) days after the preceding examination.
D. After failing three (3) consecutive examinations, an Applicant must wait at least six (6) months before taking the examination again.
E. A Mortgage Loan Originator who fails to maintain a Valid license in any Jurisdiction for a period of five (5) years or longer must retake the examination prior to re-application for licensure, not taking into account any time during which such individual was licensed.
2.3. Criminal Background Check Requirement

Pursuant to section 12-10-704(6), C.R.S., an Applicant must submit a set of fingerprints to the Colorado Bureau of Investigation for the purpose of conducting a state and national criminal history record check prior to submitting an application to the Division. Fingerprints must be submitted to the Colorado Bureau of Investigation for processing in a manner acceptable to the Colorado Bureau of Investigation. Fingerprints must be readable and all personal identification data completed in a manner satisfactory to the Colorado Bureau of Investigation. The Board may, however, acquire a name-based criminal history record check for an Applicant who has twice submitted to a fingerprint-based criminal history record check and whose fingerprints are unclassifiable.

2.4. NMLS Requirement

Each Applicant must register with the NMLS in accordance with policies and procedures established by the NMLS. The Applicant, at minimum, must provide the following information to NMLS:

A. A complete and accurate registration application, including the authorization of the NMLS to obtain a credit report and information related to any administrative, civil or criminal findings by any governmental Jurisdiction;
B. Submission of a set of fingerprints to the NMLS in accordance with policies and procedures established by the NMLS; and
C. Payment of any fees associated with the NMLS registration application. 2.5. Temporary Authority Eligibility and Temporary License
A. Temporary authority eligibility requirements

To be eligible for Temporary Authority to act as Mortgage Loan Originator, the Applicant must meet the following requirements:

1. The Applicant has met either one of the following classifications:
a. Registered in the NMLS as a loan originator for a depository (i.e. bank or savings association) as defined in section 12-10-709(1)(b), C.R.S. during the one (1) year period preceding the date of application for a temporary license; or
b. A license issued as a mortgage loan originator in another Jurisdiction during the thirty (30) day period preceding the date of application for a temporary license.
2. The Applicant must be eligible for temporary authority in accordance with policies and procedures as established by the NMLS.
3. The Applicant must be an Employee and Sponsored by a Colorado NMLS registered Mortgage Company.
4. An Applicant has not had any of the following administrative, civil or criminal actions:
a. An application for a mortgage loan originator license denied in any Jurisdiction;
b. A mortgage loan originator license revoked or suspended in any Jurisdiction;
c. Has been subject to, or served with a cease and desist order; and d. Has been convicted of, or pled guilty or nolo contendere to, a misdemeanor or felony pursuant to sections 12-10-711(1)(b), (2)(b)(I), and (2)(c), C.R.S.
B. Temporary license
1. Applicants seeking a temporary license and who are eligible for Temporary Authority as set forth in subsection A. of this Rule will be granted one (1) temporary license. Additional or extended temporary licenses will be prohibited.
2. Any temporary license issued by the Board will have the same force and effect of a license for the period of time it is in effect.
3. A temporary license will expire on one (1) of the following dates, whichever is sooner:
a. The Applicant withdraws their application for a license;
b. The Board denies the Applicant's application for a license;
c. The Board approves and issues a license;
d. Supervision termination date between the Responsible Mortgage Loan Originator and the Mortgage Loan Originator holding a temporary license; or
e. One hundred twenty (120) calendar days after the date the Applicant was issued a temporary license.
4. A Mortgage Loan Originator holding a temporary license must be an Employee and Sponsored by a Colorado NMLS registered Mortgage Company and must be supervised by a Responsible Mortgage Loan Originator.
a. The Responsible Mortgage Loan Originator will be held responsible under all applicable provisions of law, including without limitation the Practice Act and these Rules, for the actions of the Mortgage Loan Originator holding a temporary license, and are personally subject to all applicable penalties under the law.
b. Responsible Mortgage Loan Originators must notify the Division, in a manner acceptable to the Board, the beginning and ending dates of supervision for Mortgage Loan Originators holding a temporary license.
c. Responsible Mortgage Loan Originators will be held responsible for the activities of Mortgage Loan Originators holding a temporary license through and including the date of the temporary license expiration or termination of supervision, whichever is sooner.
2.6. Surety Bond Requirement
A. Options for surety bonds

Pursuant to section 12-10-717, C.R.S., Mortgage Loan Originators are deemed compliant with the surety bond requirement if one (1) of the three (3) options are satisfied:

1. Mortgage Loan Originators, at a minimum, may acquire and maintain an individual surety bond if:
a. The surety bond is in the amount of twenty-five thousand dollars ($25,000);
b. The surety bond is in conformance with all relevant Colorado statutory requirements;
c. The surety bond is exclusive to covering acts contemplated under the Practice Act;
d. The surety bond is not applicable to any conduct or transactions outside the jurisdiction of the Board; and
e. The surety bond is identical to the individual surety bond form developed and approved by the Board.
2. Mortgage Loan Originators who are Employees or exclusive agents for companies with less than twenty (20) individuals who are required to be licensed pursuant to the Practice Act and who do not work for more than one (1) company, may, at a minimum, operate under their company's surety bond if the surety bond meets the following criteria:
a. The surety bond is in the amount of one hundred thousand dollars ($100,000);
b. The surety bond is in conformance with all relevant Colorado statutory requirements;
c. The surety bond is exclusive to covering acts of all of the company's Employees or exclusive agents contemplated under the Practice Act; and
d. The surety bond is identical to the individual surety bond form developed and approved by the Board.
3. Mortgage Loan Originators who are Employees or exclusive agents for companies with twenty (20) or more individuals who are required to be licensed pursuant to the Practice Act and who do not work for more than one (1) company, may, at a minimum, operate under a company's surety bond if the surety bond meets the following criteria:
a. The surety bond is in the amount of two hundred thousand dollars ($200,000);
b. The surety bond is in conformance with all relevant Colorado statutory requirements;
c. The surety bond is exclusive to covering acts of all of the company's Employees or exclusive agents contemplated under the Practice Act; and
d. The surety bond is identical to the company surety bond form developed and approved by the Board.
B. Entity surety bonds

Regarding entity surety bonds as set forth in subsections A.2. and A.3. of this Rule, the Mortgage Company must provide the Board or an authorized representative of the Board with any and all requested surety bonds relevant to the Practice Act and as set forth in this Rule. The Mortgage Company must verify and provide adequate proof regarding the timeline of employment for each individual Mortgage Loan Originator operating under such company policy. Failure on the part of the Mortgage Company to provide such information will result in non-compliance regarding the surety bond requirement for the individual Mortgage Loan Originators operating under such entity bond.

C. Continuous surety bond coverage

Mortgage Loan Originators are required to provide proof of continuous surety bond coverage and that all required information is current. Mortgage Loan Originators may update all required information electronically on the Division's website.

D. Disciplinary action for failure to maintain surety bond

Any Mortgage Loan Originator who fails to obtain and maintain a surety bond as set forth in this Rule or fails to provide proof of continuous coverage will be subject to disciplinary action.

2.7. Errors and Omissions Insurance Requirement

Pursuant to section 12-10-707, C.R.S., every Mortgage Loan Originator holding an Active license must have in effect a policy of errors and omissions insurance to cover all acts requiring a license. Mortgage Loan Originators may obtain errors and omissions coverage through the Board Insurance Policy or may obtain errors and omissions coverage independent of the Board Insurance Policy.

A. Board insurance policy
1. The Division may enter into a contract with an insurance carrier to make available the Board Insurance Policy under the following terms and conditions:
a. The insurance carrier must be in compliance with all applicable statutes established by the Colorado Division of Insurance.
b. The insurance carrier is licensed or authorized to write policies of errors and omissions insurance in this State.
c. The insurance carrier should maintain an A.M. Best rating of "A-"or better.
d. The insurance carrier will collect premiums, maintain records and report names of those insured and a record of claims to the Division on a timely basis and at no expense to the Division.
e. The insurance carrier has been selected through a competitive bidding process.
2. The Board Insurance Policy must provide, at a minimum, the following terms of coverage:
a. The contract and policy are in conformance with all relevant Colorado statutory requirements;
b. Coverage includes all acts for which a license is required, except those illegal, fraudulent, or other acts which are normally excluded from such coverage;
c. Coverage must encompass all types of transactions conducted by the Mortgage Loan Originator and must be in the individual Mortgage Loan's Originator's name;
d. Coverage cannot be canceled by the insurance carrier except for nonpayment of the premium or in the event the Mortgage Loan Originator's license becomes Inactive or is revoked or an Applicant is denied a license. Cancellation notice must be provided in a manner that complies with section 10-4-109.7(1), C.R.S.;
e. Coverage is for not less than one hundred thousand dollars ($100,000) per covered claim, with an annual aggregate limit of not less than three hundred thousand dollars ($300,000), not including costs of investigation and defense;
f. Coverage contains a deductible no greater than one thousand dollars ($1,000), or a deductible no greater than twenty thousand dollars ($20,000) for policies that primarily insure reverse mortgage transactions; and
g. Prior acts coverage must be offered to Mortgage Loan Originators with continuous past coverage.
B. Independent policies

For independent policies that are either individual and entity/group policies, the insurance carrier must be in compliance with all applicable statutes pursuant to the Colorado Division of Insurance and is licensed or authorized to write policies of errors and omissions insurance in this State. The insurance carrier should maintain an A.M. Best rating of "A- "or better.

1. Mortgage Loan Originators, at a minimum, may acquire and maintain individual errors and omissions insurance in their own name with the following terms of coverage:
a. The contract and policy are in conformance with all relevant Colorado statutory requirements;
b. Coverage includes all acts for which a license is required, except those illegal, fraudulent, or other acts which are normally excluded from such coverage;
c. Coverage must encompass all types of transactions conducted by the Mortgage Loan Originator and must be in the individual Mortgage Loan Originator's name;
d. Coverage is for not less than one hundred thousand dollars ($100,000) per covered claim, with an annual aggregate limit of not less than three hundred thousand dollars ($300,000), not including costs of investigation and defense;
e. Coverage contains a deductible no greater than one thousand dollars ($1,000), or a deductible no greater than twenty thousand dollars ($20,000) for policies that primarily insure reverse mortgage transactions; and
f. Prior acts coverage must be offered to Mortgage Loan Originators with continuous past coverage.
2. Mortgage Loan Originators who are Employees or exclusive agents for companies with less than twenty (20) individuals who are required to be licensed pursuant to the Practice Act and who do not work for more than one (1) company, may, at a minimum, operate under the company's errors and omissions insurance policy if the policy meets the following terms of coverage:
a. The contract and policy are in conformance with all relevant Colorado statutory requirements;
b. Coverage includes all acts for which a license is required, except those illegal, fraudulent, or other acts which are normally excluded from such coverage;
c. Coverage must include all activities contemplated under the Practice Act and states this in the policy;
d. Coverage must encompass all types of transactions conducted by all of the Mortgage Loan Originators employed at the company or by all Mortgage Loan Originators who are exclusive agents of the company;
e. Coverage is for not less than one million dollars ($1,000,000) per covered claim, with an annual aggregate limit of not less than one million dollars ($1,000,000), not including costs of investigation and defense;
f. Coverage contains a deductible no greater than fifty thousand dollars ($50,000); and
g. Prior acts coverage must be offered to Mortgage Loan Originators with continuous past coverage.
3. Mortgage Loan Originators who are Employees or exclusive agents for companies with twenty (20) or more individuals and who do not work for more than one (1) company, may, at a minimum, operate under the company's errors and omissions insurance policy if the policy meets the following terms of coverage:
a. The contract and policy are in conformance with all relevant Colorado statutory requirements;
b. Coverage includes all acts for which a license is required, except those illegal, fraudulent, or other acts which are normally excluded from such coverage;
c. Coverage must include all activities contemplated under the Practice Act and states this in the policy;
d. Coverage must encompass all types of transactions conducted by all of the Mortgage Loan Originators employed at the company or by all Mortgage Loan Originators who are exclusive agents of the company;
e. Coverage is for not less than one million dollars ($1,000,000) per covered claim, with an annual aggregate limit of not less than two million dollars ($2,000,000), not including costs of investigation and defense;
f. Coverage contains a deductible no greater than hundred thousand dollars ($100,000); and
g. Prior acts coverage must be offered to Mortgage Loan Originators with continuous past coverage.
C. Entity errors and omissions insurance policies

Regarding entity errors and omissions insurance policies as set forth in subsections B.2. and B.3. of this Rule, the Mortgage Company must provide the Board, or an authorized representative of the Board, with any and all requested errors and omissions insurance policies relevant to the Practice Act and as set forth in this Rule. The Mortgage Company must verify and provide adequate proof regarding the timeline of employment for each individual Mortgage Loan Originator operating under such entity policy. Failure on the part of the Mortgage Company to provide such information will result in non-compliance regarding the errors and omissions insurance requirement for individual Mortgage Loan Originators operating under the entity's errors and omissions insurance policy.

D. Continuous insurance coverage

Mortgage Loan Originators are required to provide proof of continuous errors and omissions insurance coverage and that all required information is current. The Mortgage Loan Originator may update all required information electronically on the Division's website.

E. Disciplinary action for failure to maintain insurance

A Mortgage Loan Originator who fails to obtain and maintain an errors and omissions insurance coverage as set forth in this Rule or fails to provide proof of continuous coverage will be subject to disciplinary action.

2.8. Application Process for Licensure
A. Applying for an initial license

An Applicant for Initial Licensure as a Colorado Mortgage Loan Originator must successfully complete the requirements as set forth below:

1. Submit a set of fingerprints to the Colorado Bureau of Investigation within one (1) year immediately preceding the date of application as set forth in Rule 2.3.;
2. Register with the NMLS as set forth in Rule 2.4.;
3. Submit a set of fingerprints to the NMLS as set forth in subsection B. of Rule 2.4;
4. Successfully complete the requisite educational requirements as set forth in Rule 2.1.;
5. Take and successfully pass the S.A.F.E. Mortgage Loan Originator Examination as set forth in Rule 2.2.;
6. Acquire a surety bond as required by section 12-10-717, C.R.S. and as set forth in Rule 2.6 . prior to obtaining an Active license;
7. Acquire errors and omissions insurance required by section 12-10-707, C.R.S. and as set forth in Rule 2.7 . prior to obtaining an Active license;
8. Submit a complete and accurate "Mortgage Loan Originator License Application"; and
9. Pay the Fee.
B. Applying for a temporary license

An Applicant applying for a temporary license that is eligible for temporary authority must meet the following requirements:

1. Submit a set of fingerprints to the NMLS as set forth in subsection B. of Rule 2.4.;
2. Register for temporary authority with the NMLS as set forth in subsection A.2. of Rule 2.5.;
3. Be an Employee and Sponsored by a Colorado NMLS registered mortgage company as set forth in subsections A.3. and B.4. of Rule 2.5.; and
4. Within seven (7) business days from notice of the issuance of temporary authority from the NMLS, the Applicant must complete the following state specific requirements pursuant to section 12-10-711(11), C.R.S.:
a. Submit a set of fingerprints to the Colorado Bureau of Investigation as set forth in Rule 2.3.;
b. Acquire a surety bond pursuant to section 12-10-717, C.R.S. and as set forth in Rule 2.6.;
c. Acquire errors and omissions insurance pursuant to section 12-10-707, C.R.S. and as set forth in Rule 2.7.;
d. Identify the Responsible Mortgage Loan Originator as set forth in subsections A.3. and B.4. of Rule 2.5.;
e. Submit a complete and accurate "Mortgage Loan Originator License Application"; and
f. Pay the Fee.
C. Once an Applicant fully complies with the Practice Act and these Rules as determined by the Board, the Board will issue a license to the Applicant pursuant to section 12-10-704, C.R.S.
2.9. Invalid Payment

If the Fees accompanying any application made to the Board are paid for by check and the check is not immediately paid upon presentment to the bank upon which the check was drawn, or if payment is submitted in any other manner and payment is denied, rescinded, or returned as invalid, the application will be canceled. The application or renewal must be re-submitted to the Board along with full payment of any Fees and payment of the fee required by State Fiscal Rules for the clerical services necessary for invalid payment.

2.10. Review of Application Completeness

All applications will be reviewed by the Division for completeness of all required. If the application is deemed incomplete by the Division, the Applicant will be notified in writing of the deficiencies identified within the application and will have thirty (30) days to provide the documentation; otherwise, the application will be canceled and the Fee will be forfeited.

2.11. Applicants with Prior or Pending Criminal Record

Pursuant to sections 12-10-704, 12-10-711, and 24-5-101, C.R.S., Applicants who have at any time in the past been convicted of, entered a plea of guilty to, entered a plea of nolo contendere, received a deferred judgment and sentence to a misdemeanor (excluding misdemeanor traffic violations) or a felony or any like municipal code violation, or has such charges pending must submit with their application the required documentation as listed below. If the required documentation is no longer available, the Applicant must provide written confirmation by the appropriate authority that such documentation is no longer available. For any charges or convictions which have been dismissed, expunged, or sealed, the Applicant must include court document(s) evidencing the dismissal, expungement, or sealing of the criminal case(s). Failure to provide the required documentation within the time frame as set forth in Rule 2.10. will result in the cancellation of the application and forfeiture of the Fee. In addition to the required documentation, Applicants may submit supplemental documentation as listed below to demonstrate their rehabilitation, truthfulness, financial responsibility, character, and general fitness for consideration by the Board.

A. Required documentation includes:
1. Court case disposition, registry of action, or a case action summary, which must include the following information:
a. Offense(s) convicted of;
b. Statute(s) or municipal code(s) violated;
c. Classification(s) of offense(s) (i.e. felony or misdemeanor);
d. Date of conviction;
e. Date of sentencing;
f. Sentencing Terms; and
g. Status of case.
i. If the sentencing and probation terms have been completed, the status of case should show as closed or dismissed.
ii. If the sentencing and probation terms have not been completed, documentation must be submitted that shows current compliance with the sentencing and probation terms. Proof of current compliance should include a letter from the parole or probation officer and, if applicable, a payment history from the court showing a current account balance of payment.
2. Police Officer's report(s), arrest report(s), or incident report(s);
3. A signed written explanation of the circumstances surrounding each violation and, including the statement attesting that "I have no other criminal violations either past or pending, other than those I have stated on the application"; and
4. Any other information or documentation that the Board deems necessary.
B. Supplemental documentation includes:
1. Employment history for the preceding five (5) years;
2. Letter(s) of recommendation; and
3. A personal written statement that demonstrates and evidences the Applicant's rehabilitation, financial responsibility, character, and general fitness.
2.12. Applicants with Past or Pending Administrative Disciplinary Actions or Findings

Pursuant to sections 12-10-704 and 12-10-711, C.R.S., an Applicant who has any past or pending administrative disciplinary actions or findings of a mortgage loan originator license or any other professional license from Colorado or any other Jurisdiction must submit with their application any of the following information and documentation as listed below that is relevant and available to the Applicant. If the required documentation is no longer available or accessible, the Applicant must provide written confirmation by the appropriate authority that such documentation is no longer available or the reasons why the document is not accessible. Failure to provide the required documentation within the time frame as set forth in Rule 2.10. will result in the cancellation of the application and forfeiture of the Fee.

A. Any final agency order(s);
B. Any consent order(s);
C. Any stipulation(s);
D. Any investigative report(s); and
E. A signed written explanation of the circumstances surrounding each disciplinary actions.
2.13. Preliminary Advisory Opinion

Prior to an application for a license or a registration through the NMLS, a person may request the Board issue a preliminary advisory opinion. A person seeking a preliminary advisory opinion is not an Applicant for licensure. The Board may, at its sole discretion, issue an opinion which will not be binding on Board; is not appealable; and will not limit the Board's authority to investigate a future application for licensure. However, if the Board issues a positive or favorable opinion, the Board may elect to adopt such opinion as the final decision of the Board without further investigation or hearing. The issuance of a negative or unfavorable opinion will not prohibit a person from submitting an application for licensure.

A. A person may request a preliminary advisory opinion regarding the potential effect of the following, but not limited to:
1. Any criminal conviction(s), plea(s) of guilt or nolo contendere, deferred judgment(s) and sentence for criminal offense(s) in a domestic, foreign or military court.
2. Having been enjoined in the immediately preceding five (5) years under domestic or foreign laws from engaging in deceptive conduct relating to the origination of a mortgage loan;
3. Having professional licenses, certifications or registrations issued by Colorado, the District of Columbia, any other states or foreign countries, revoked or suspended for fraud, theft, deceit, material misrepresentations or the breach of a fiduciary duty and such suspension or revocation denied authorization to practices as: a mortgage loan originator or similar license; real estate broker; real estate appraiser; an insurance producer; an attorney; a securities broker-dealer; a securities sales representative; an investment advisor; or an investment advisor representative; or
4. Having been assessed a civil or criminal penalty for violating any provision of the Colorado Consumer Protection Act.
B. A person requesting an opinion must do so in a form prescribed by the Board. Such form must be supported and documented by, without limitation, the following:
1. Pending or Past Criminal Record

The required and supplemental documentation as set forth in Rule 2.11. for any pending or past criminal record.

2. Pending or Past Professional Disciplinary Action(s)

The documentation as set forth in Rule 2.12. for any pending or past professional conduct.

Notes

4 CCR 725-3, ch. 2
37 CR 20, October 25,2014, effective 11/14/2014 38 CR 03, February 10, 2015, effective 3/17/2015 38 CR 17, September 10, 2015, effective 10/3/2015 38 CR 23, December 10, 2015, effective 3/1/2016 40 CR 04, February 25, 2017, effective 3/17/2017 40 CR 20, October 25, 2017, effective 11/14/2017 41 CR 20, October 25, 2018, effective 11/14/2018 43 CR 03, February 10, 2020, effective 3/19/2020 43 CR 15, August 10, 2020, effective 1/1/2021 44 CR 01, January 10, 2021, effective 1/30/2021

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