Montana Administrative Register Notice 2-59-521 No. 18   09/18/2014    
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In the matter of the amendment of ARM 2.59.1738 pertaining to renewal fees for mortgage licensees









TO: All Concerned Persons


1. On October 20, 2014, the Department of Administration proposes to amend the above-stated rule.


2. The Department of Administration will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Administration no later than 5:00 p.m. on October 9, 2014, to advise us of the nature of the accommodation that you need. Please contact Wayne Johnston, Division of Banking and Financial Institutions, P.O. Box 200546, Helena, Montana 59620-0546; telephone (406) 841-2918; TDD (406) 444-1421; facsimile (406) 841-2930; or e-mail to banking@mt.gov.


3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:


2.59.1738 RENEWAL FEES (1) Licenses issued under Title 32, chapter 9, part 1, MCA, expire December 31. Licensees shall submit their renewal applications by December 1 of each year to assure ensure issuance of the license to qualified renewal applicants by January 1 of the following year.  The renewal fees for the license period January 1 through December 31 are:


Mortgage Broker Entity                                           $500.00

Mortgage Broker Branch                                        $250.00

Mortgage Lender Entity                                          $750.00

Mortgage Lender Branch                                       $250.00

Mortgage Loan Originator                                      $400.00

Mortgage Servicer                                                    $750.00

Mortgage Servicer Branch                                     $250.00

(except as provided in 32-9-117(1)(b), MCA)


AUTH: 32-9-117, MCA

IMP: 32-9-117, 32-9-130, MCA


STATEMENT OF REASONABLE NECESSITY: The department is proposing to adopt the renewal fees listed above because the division is self-funded through its licensing fees and recently realized that, due to an oversight, renewal fees for mortgage servicers and mortgage servicer branches were not set forth in rule. Adding the renewal fees for these two groups formalizes the practice the division has been following since mortgage servicers and mortgage servicer branches were added as regulated entities in 2011. The department has chosen the amounts that are contained in this rule because they are the same as the initial license application fees in 32-9-117, MCA.  There are currently 125 mortgage servicers and 128 mortgage servicer branches licensed in Montana.  There is no anticipated increase or decrease in revenue resulting from this amendment.


4. Concerned persons may present their data, views, or arguments concerning the proposed action to Kelly O'Sullivan, Legal Counsel, Division of Banking and Financial Institutions, P.O. Box 200546, Helena, Montana 59620-0546; faxed to the office at (406) 841-2930; or e-mailed to banking@mt.gov; and must be received no later than 5:00 p.m., October 16, 2014.


5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to the person listed in 4 above no later than 5:00 p.m., October 16, 2014.


6. If the Division of Banking and Financial Institutions receives requests for a public hearing on the proposed action from either 10% or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 26 persons based on the 125 existing licensed mortgage servicer companies and 128 mortgage servicer branches licensed in Montana.


7. An electronic copy of this proposal notice is available through the department's web site at http://doa.mt.gov/administrativerules.mcpx. The department strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that if a discrepancy exists between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the department works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.


8. The Division of Banking and Financial Institutions maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this division. Persons who wish to have their name added to the mailing list shall make a written request that includes the name and mailing address and e-mail address of the person to receive notices and specifies that the person wishes to receive notices regarding division rulemaking actions. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written requests may be mailed or delivered to Wayne Johnston, Division of Banking and Financial Institutions, 301 S. Park, Ste. 316, P.O. Box 200546, Helena, Montana 59620-0546; faxed to the office at (406) 841-2930; e-mailed to banking@mt.gov; or may be made by completing a request form at any rules hearing held by the department.


9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.


10. The department has determined that under 2-4-111, MCA, the proposed rule amendment will not significantly and directly affect small businesses.




By:   /s/ Sheila Hogan                                       By:   /s/ Michael P. Manion              

Sheila Hogan, Director                                     Michael P. Manion, Rule Reviewer

Department of Administration                           Department of Administration



Certified to the Secretary of State September 8, 2014.


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