DEPARTMENT OF REGULATORY AGENCIES
DIVISION OF REAL ESTATE
MORTGAGE LOAN ORIGINATORS AND MORTGAGE COMPANIES
4 CCR 725-3

NOTICE OF PROPOSED PERMANENT RULEMAKING HEARING
November 20, 2013

CHAPTER 3:	Continuing Education Requirements

Pursuant to and in compliance with Title 12, Article 61 and Title 24, Article 4, C.R.S. as amended, notice of proposed rulemaking is hereby given, including notice to the Attorney General of the State of Colorado and to all persons who have requested to be advised of the intention of the Colorado Board of Mortgage Loan Originators (the “Board”) to promulgate rules, or to amend, repeal or repeal and re-enact the present rules of the Board.

STATEMENT OF BASIS

The statutory basis for the rules titled Rules of the Board of Mortgage Loan Originators is Part 9 of Title 12, Article 61, Colorado Revised Statutes, as amended.  

STATEMENT OF PURPOSE

The purpose of this rule is to effectuate the legislative directive to promulgate necessary and appropriate rules in conformity with the state statutes of the Mortgage Loan Originator Licensing and Mortgage Company Registration Act.

SPECIFIC PURPOSE OF THIS RULEMAKING

The specific purpose of this rule is to amend or repeal existing rules with respect to continuing education requirements and ensure that mortgage loan originators and mortgage companies are familiar with all current regulations.

Proposed New, Amended and Repealed Rules

[Deleted material shown struck through, new material shown ALL CAPS. Rules, or portions of rules, which are unaffected are reproduced.  Readers are advised to obtain a copy of the complete rules of the Board at www.dora.state.co.us/real-estate/.

CHAPTER 3:	Continuing Education Requirements

3.1        THE CONTINUING EDUCATION REQUIREMENTS FOR LICENSED INDIVIDUALS 
	SHALL BEGIN AFTER ISSUANCE OF THE INITIAL LICENSE. INDIVIDUALS SHALL 
	COMPLETE AT LEAST EIGHT (8) HOURS OF CONTINUING EDUCATION COURSES 
	REVIEWED AND APPROVED BY THE NATIONWIDE MORTGAGE LICENSING 
	SYSTEM AND REGISTRY OR BY A COMPANY CONTRACTED TO REVIEW AND 
	APPROVE CONTINUING EDUCATION COURSES AND A TWO (2) HOUR ANNUAL 
COLORADO SPECIFIC STATE UPDATE COURSE REVIEWED AND APPROVED BY THE DIVISION OF REAL ESTATE EACH CALENDAR YEAR AND PRIOR TO LICENSE AND REGISTRATION RENEWALS OR REINSTATEMENTS.  

3.2	COMPLETION OF THE 20 HOURS OF PRE-LICENSING EDUCATION APPROVED BY THE NATIONWIDE MORTGAGE LICENSING SYSTEM AND REGISTRY IN THE SAME YEAR IN WHICH THE LICENSE WAS APPROVED, SHALL SATISFY THE CONTINUING EDUCATION REQUIREMENTS IN THAT CALENDAR YEAR.

3.3	ALL INDIVIDUALS REQUIRED TO BE LICENSED AS STATE-LICENSED MORTGAGE LOAN ORIGINATORS AND REQUIRED TO COMPLETE THE COLORADO TWO (2) HOUR ANNUAL UPDATE COURSE SHALL MAINTAIN RECORDS OF COMPLETION FOR A PERIOD OF FOUR (4) YEARS.

3.4	COLORADO TWO (2) HOUR ANNUAL UPDATE COURSE PROVIDER REQUIREMENTS:

A.	IN ORDER TO PROVIDE AND TEACH THE COLORADO TWO (2) HOUR ANNUAL UPDATE COURSE, EDUCATORS AND TRAINERS NOT EXEMPT FROM THE COLORADO DIVISION OF PRIVATE OCCUPATIONAL SCHOOLS OVERSIGHT, PURSUANT TO 12-59-101, ET SEQ., C.R.S., MUST BE APPROVED BY THE COLORADO DIVISION OF PRIVATE OCCUPATIONAL SCHOOLS AND APPROVED BY AN AUTHORIZED REPRESENTATIVE OF THE BOARD OF MORTGAGE LOAN ORIGINATORS.

B.	IN ORDER TO PROVIDE AND TEACH THE COLORADO TWO (2) HOUR ANNUAL UPDATE COURSE, EDUCATORS AND TRAINERS EXEMPT FROM THE COLORADO DIVISION OF PRIVATE OCCUPATIONAL SCHOOLS OVERSIGHT, PURSUANT TO SECTION 12-59-104, C.R.S., MUST BE APPROVED BY AN AUTHORIZED REPRESENTATIVE OF THE BOARD OF MORTGAGE LOAN ORIGINATORS.

C.	IF NOT APPROVED BY THE COLORADO DIVISION OF PRIVATE OCCUPATIONAL SCHOOLS, THE EDUCATORS AND TRAINERS SHALL ATTEND ONE TRAIN-THE-TRAINER CLASS, AS DEVELOPED AND ADMINISTERED BY THE COLORADO DIVISION OF REAL ESTATE, PRIOR TO TEACHING THE COLORADO TWO (2) HOUR ANNUAL UPDATE COURSE.  

D.	ALL EDUCATION PROVIDERS AND TRAINERS INTERESTED IN TEACHING THE COLORADO TWO (2) HOUR ANNUAL UPDATE COURSE SHALL APPLY EACH CALENDAR YEAR WITH THE COLORADO DIVISION OF REAL ESTATE FOR APPROVAL IN A MANNER PRESCRIBED BY THE BOARD OF MORTGAGE LOAN ORIGINATORS; PRIOR TO TEACHING THE COURSE MATERIAL.  EDUCATORS AND TRAINERS THAT ARE EXEMPT FROM THE DIVISION OF PRIVATE OCCUPATIONAL SCHOOLS’ OVERSIGHT SHALL PROVIDE PROOF OF SUCH EXEMPTION.  

E.	ALL EDUCATION PROVIDERS AND TRAINERS INTERESTED IN TEACHING THE COLORADO TWO (2) HOUR ANNUAL UPDATE COURSE SHALL KEEP RECORDS OF ALL INDIVIDUALS THAT HAVE COMPLETED THE COLORADO TWO (2) HOUR ANNUAL UPDATE COURSE AND SHALL PROVIDE THE COLORADO DIVISION OF REAL ESTATE WITH A LIST OF SUCH INDIVIDUALS IN A MANNER PRESCRIBED BY THE BOARD OF MORTGAGE LOAN ORIGINATORS.  EDUCATORS AND TRAINERS ARE REQUIRED TO KEEP RECORDS OF COURSE ATTENDANCE FOR A PERIOD OF FOUR (4) YEARS.

F.	ALL EDUCATION PROVIDERS SHALL PROVIDE THE COURSE MATERIAL, IN A MANNER PRESCRIBED BY THE BOARD OF MORTGAGE LOAN ORIGINATORS, AND APPLICABLE HANDOUTS TO ALL STUDENTS THAT HAVE ENROLLED AND COMPLETED THE COLORADO TWO (2) HOUR ANNUAL UPDATE COURSE.

G.	ALL EDUCATION PROVIDERS AND TRAINERS SHALL PROVIDE A CERTIFICATE OF COMPLETION TO ALL INDIVIDUALS THAT HAVE COMPLETED THE COLORADO TWO (2) HOUR ANNUAL UPDATE COURSE.  

3.5	AUTHORITY TO AUDIT EDUCATION PROVIDER
	
THE BOARD OR THE BOARD’S DESIGNEE MAY AUDIT ANY COLORADO SPECIFIC STATE UPDATE COURSE REVIEWED AND APPROVED BY THE DIVISION OF REAL ESTATE AND MAY REQUEST FROM EACH EDUCATION PROVIDER OR SCHOOLS OFFERING SUCH COURSES, ALL RELATED INSTRUCTIONAL MATERIALS, STUDENT ATTENDANCE RECORDS AND OTHER INFORMATION THAT MAY BE NECESSARY FOR AN AUDIT.    FAILURE TO COMPLY WITH THIS RULE MAY RESULT IN THE WITHDRAWAL OF COURSE APPROVAL.

A hearing on the above subject matter will be held on Wednesday, November 20, 2013, at the Colorado Division of Real Estate, 1560 Broadway, Suite 1250-C, Denver, Colorado 80202 beginning at 9:00 a.m. 

Any interested person may participate in the rule making through submission of written data, views and arguments to the Division of Real Estate.  Persons are requested to submit data, views and arguments to the Division of Real Estate in writing no less than ten (10) days prior to the hearing date and time set forth above. However, all data, views and arguments submitted prior to or at the rulemaking hearing or prior to the closure of the rulemaking record (if different from the date and time of hearing), shall be considered.

Please be advised that the rule being considered is subject to further changes and modifications after public comment and formal hearing.