61-2c-204.1. Education providers -- Education requirements -- Examination requirements.
(1) As used in this section: "Approved continuing education course" means a course of continuing education that is approved by the nationwide database. "Approved prelicensing education course" means a course of prelicensing education that is approved by the nationwide database or by the division.
(2) A person may not provide Utah-specific prelicensing education if that person is not certified by the division under this chapter. In accordance with, the division shall make rules establishing: Title 63G, Chapter 3, Utah Administrative Rulemaking Act certification criteria and procedures to become a certified education provider; and standards of conduct for a certified education provider. In accordance with the rules described in Subsection, the division shall certify a person to provide the education described in Subsection. (2)(b) (2)(a) Upon request, the division shall make available to the public a list of the names and addresses of certified education providers either directly or through a third party. A person who requests a list under this Subsectionshall pay the costs incurred by the division to make the list available. (2)(d) In certifying a person as a certified education provider, the division by rule may: distinguish between an individual instructor and an entity that provides education; or approve Utah-specific prelicensing education.
(3) The division may not: license an individual under this chapter as a mortgage loan originator who has not completed the prelicensing education required by this section: before taking the licensing examinations required by Subsection; (4) in the number of hours, not to exceed 90 hours, required by rule made by the division in accordance with; and Title 63G, Chapter 3, Utah Administrative Rulemaking Act that includes the prelicensing education required by federal licensing regulations; subject to Subsection, renew a license of an individual who has not completed the continuing education required by this section and Section: (6) 61-2c-205 in the number of hours required by rule made by the division in accordance with; and Title 63G, Chapter 3, Utah Administrative Rulemaking Act that includes the continuing education required by federal licensing regulations; or license an individual under this chapter as a lending manager who has not completed the prelicensing education required by Sectionbefore taking the licensing examination required by Section. 61-2c-206 61-2c-206 Subject to Subsectionand with the concurrence of the division, the commission shall determine: (3)(a) except as provided in Subsection, the appropriate number of hours of prelicensing education required to obtain a license; 61-2c-206(1)(b) the subject matters of the prelicensing education required under this section and Section, including online education or distance learning options; 61-2c-206 the appropriate number of hours of continuing education required to renew a license, including additional continuing education required for a new loan originator; and the subject matter of courses the division may accept for continuing education purposes. The commission may appoint a committee to make recommendations to the commission concerning approval of prelicensing education and continuing education courses, except that the commission shall appoint at least one member to the committee to represent each association that represents a significant number of individuals licensed under this chapter. The division may by rule made in accordance with, provide for the calculation of continuing education credits, except that the rules shall be consistent with 12 U.S.C. Sec. 5105. Title 63G, Chapter 3, Utah Administrative Rulemaking Act
(4) The division may not license an individual under this chapter unless that individual first passes the qualified written national test developed by the nationwide database that includes the uniform state test content that: meets the minimum federal licensing requirements; and is administered by an approved examination provider. The commission, with the concurrence of the division, shall determine the requirements for the lending manager licensing examination required under Sectionthat tests the applicant's knowledge of: 61-2c-206 fundamentals of the English language; arithmetic; provisions of this chapter; advanced residential mortgage principles and practices; and other aspects of Utah law the commission, with the concurrence of the division, determines appropriate. An individual who will engage in an activity as a mortgage loan originator, is not considered to have passed a licensing examination if that individual has not met the minimum competence requirements of 12 U.S.C. Sec. 5104(d)(3).
(5) When reasonably practicable, the commission and the division shall make the Utah-specific education requirements described in this section available electronically through one or more distance education methods approved by the commission and division.
(6) In accordance with, the commission, with the concurrence of the division, shall make rules establishing procedures under which a licensee may be exempted from a Utah-specific continuing education requirement: Title 63G, Chapter 3, Utah Administrative Rulemaking Act for a period not to exceed four years; and upon a finding of reasonable cause. An individual who engages in an activity as a mortgage loan originator may not under this Subsectionbe exempted from the minimum continuing education required under federal licensing regulations for an individual who engages in an activity as a mortgage loan originator. (6)