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§ 11-506.1. Criminal history background checks of applicants or licensees

West's Annotated Code of MarylandFinancial InstitutionsEffective: July 1, 2023

West's Annotated Code of Maryland
Financial Institutions
Title 11. Consumer Credit
Subtitle 5. Maryland Mortgage Lender Law (Refs & Annos)
Effective: July 1, 2023
MD Code, Financial Institutions, § 11-506.1
§ 11-506.1. Criminal history background checks of applicants or licensees
Currentness
Application of section
(a) This section does not apply to any corporation the securities of which are exempt from registration under § 11-601(8) or (12) of the Corporations and Associations Article.
Fingerprints and information concerning identity provided by applicants or licensees
(b) In connection with an initial application for a license under § 11-507 of this subtitle, and at any other time the Commissioner requests, an applicant or licensee shall provide to NMLS information concerning the applicant's identity, including:
(1) Fingerprints for submission to the Federal Bureau of Investigation, and any other governmental agency or entity authorized to receive this information, for a state, national, or international criminal history background check; and
(2) Personal history and experience in a form prescribed by NMLS, including the submission of authorization for NMLS and the Commissioner to obtain:
(i) An independent credit report from a consumer reporting agency described in the federal Fair Credit Reporting Act, 15 U.S.C. § 1681a(p); and
(ii) Information related to any administrative, civil, or criminal findings by any governmental jurisdiction.
State, national, or international criminal history records of applicant or licensee
(c) The Commissioner may request from the Federal Bureau of Investigation or NMLS, as applicable, for each applicant or licensee who is required to provide fingerprints under subsection (b) of this section:
(1)(i) The state, national, or international criminal history records of the applicant or licensee; and
(ii) A printed statement listing any conviction or other disposition of, and any plea of guilty or nolo contendere to, any criminal charge;
(2)(i) An update of the initial criminal history records check or criminal history background check of the applicant or licensee; and
(ii) A revised statement listing any conviction or other disposition of, and any plea of guilty or nolo contendere to, any criminal charge occurring after the date of the initial criminal history records check or criminal history background check; and
(3) An acknowledged receipt of the application for a criminal history records check or criminal history background check of the applicant or licensee.
Processing fees relating to fingerprints
(d) An applicant or licensee who is required to provide fingerprints under subsection (b) of this section shall pay any processing or other fees required by the Federal Bureau of Investigation and NMLS.
Use of NMLS as a channeling agent
(e) To implement this subtitle, the Commissioner may use NMLS as a channeling agent to request information from and distribute information to the Department of Justice, any other governmental agency with subject matter jurisdiction, and any other state licensing entity that has loan originators registered with NMLS.

Credits

Added by Acts 1997, c. 588, § 1, eff. Oct. 1, 1997. Amended by Acts 2009, c. 4, § 1, eff. July 1, 2009; Acts 2011, c. 148, § 1, eff. Oct. 1, 2011; Acts 2017, c. 253, § 1, eff. July 1, 2017; Acts 2023, c. 567, § 1, eff. July 1, 2023.
MD Code, Financial Institutions, § 11-506.1, MD FIN INST § 11-506.1
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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