Section 599-G. Testing of mortgage loan originators  


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  • 1.  General
      requirements.  In order to meet the written test requirement referred to
      in this article, an  individual  shall  pass,  in  accordance  with  the
      standards  established  under  this  section,  a  qualified written test
      developed by the NMLSR and administered by a test provider  approved  by
      the NMLSR based upon reasonable standards.
        2.  Qualified test. A written test shall not be treated as a qualified
      written test for purposes of subdivision one of this section unless  the
      test  adequately measures the applicant's knowledge and comprehension in
      appropriate subject areas, including the following:
        (a) Ethics;
        (b) Federal law and regulation pertaining to mortgage origination;
        (c) State law and regulation pertaining to mortgage origination; and
        (d) Federal and state law and  regulation,  including  instruction  on
      fraud, consumer protection, the nontraditional mortgage marketplace, and
      fair lending issues.
        3.  Testing  location.  Nothing  in this section shall prohibit a test
      provider approved by the NMLSR from providing a test at the location  of
      the  employer  of  the  applicant  or  the location of any subsidiary or
      affiliate of such entity, or the location of any entity with  which  the
      applicant  holds  an  exclusive arrangement to conduct the business of a
      mortgage loan originator.
        4. Minimum competency. The following conditions apply  to  individuals
      taking such competency tests:
        (a)  An  individual shall not be considered to have passed a qualified
      written test unless the individual shall have achieved a test  score  of
      not less than seventy-five percent correct answers to questions;
        (b) An individual may retake a test three consecutive times, with each
      consecutive  taking  occurring  at least thirty days after the preceding
      test;
        (c) After failing three consecutive tests, an individual shall wait at
      least six months before taking the test again; and
        (d) A licensed mortgage loan originator who fails to maintain a  valid
      license  for  a  period of five years or longer, not taking into account
      any time during which such individual  is  a  registered  mortgage  loan
      originator, shall retake the test.