61-2c-203.  General qualifications for licensure.

(1)  To qualify for licensure under this chapter, a person shall demonstrate through procedures established by rule made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:

Terms Used In Utah Code 61-2c-203

  • Applicant: means a person applying for a license under this chapter. See Utah Code 61-2c-102
  • Commission: means the Residential Mortgage Regulatory Commission created in Section 61-2c-104. See Utah Code 61-2c-102
  • Control person: means an individual identified by an entity registered with the nationwide database as being an individual directing the management or policies of the entity. See Utah Code 61-2c-102
  • Division: means the Division of Real Estate. See Utah Code 61-2c-102
  • Entity: means :
(i) a corporation;
(ii) a limited liability company;
(iii) a partnership;
(iv) a company;
(v) an association;
(vi) a joint venture;
(vii) a business trust;
(viii) a trust; or
(ix) another organization. See Utah Code 61-2c-102
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Person: means an individual or entity. See Utah Code 61-2c-102
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • (a)  financial responsibility;

    (b)  honesty, integrity, and truthfulness; and

    (c)  the competence to transact the business of residential mortgage loans, including general fitness such as to command the confidence of the community and to warrant a determination that the person will operate honestly, fairly, and efficiently within the purposes of this chapter.

    (2)  If an applicant is an entity, the applicant may not have a control person who fails to meet the requirements of Subsection (1) for an individual applicant.

    (3) 

    (a)  The division shall determine whether an applicant with a criminal history qualifies for licensure.

    (b)  If the division, acting under Subsection (3)(a), denies or restricts a license or places a license on probation, the applicant may petition the commission for de novo review of the application.

    Amended by Chapter 204, 2022 General Session