9-2207.Denial, suspension or revocation of license
or registration; notice; disciplinary proceedings.
(a) The commissioner may deny, suspend, revoke, or
refuse to renew a license or
registration
issued pursuant to this act, if the commissioner
finds, after notice and opportunity for a hearing conducted in
accordance with the provisions of the administrative procedures act, that:
(1) The applicant, licensee or registrant has repeatedly or
willfully
violated any
section of this act or any rule and regulation or order lawfully made pursuant
to this act;
(2) facts or conditions exist which would have justified
the denial of the license,
registration or renewal had these facts or conditions existed or been known to
exist at the time the application for the license, registration or
renewal was made;
(3) the applicant, licensee or registrant has filed with
the
commissioner any document
or statement containing any false representation of a material fact or fails to
state a material fact;
(4) the applicant, licensee or registrant has been
convicted of any
crime
involving fraud,
dishonesty or deceit, except that no registration shall be granted to any
loan originator who:
(A) Has had a mortgage loan originator license or registration revoked in any
governmental jurisdiction; or
(B) has been convicted of or pled guilty or nolo contendere to a felony in a
domestic, foreign or military court:
(i) During the seven-year period preceding the date of the application for
licensing and registration; or
(ii) at any time preceding such date of application, if such felony involved
an act of fraud, dishonesty, deceit, a breach of trust or money laundering;
(5) the applicant, licensee or registrant has engaged in or
is
engaging in deceptive
business practices;
(6) the applicant, licensee or registrant, or an employee
of the
applicant, licensee or
registrant, has been the subject of any disciplinary
action by this agency or any other state or federal regulatory agency;
(7) a final judgment has been entered against the
applicant, licensee
or registrant in
a civil action and the commissioner finds, based upon the conduct on which the
judgment is based, that licensing or registration of such person would
be contrary to the
public interest;
(8) the applicant, licensee or registrant, or an employee
of the
applicant, licensee or
registrant has been convicted of engaging in mortgage business activity without
authorization pursuant to K.S.A. 9-2203, and amendments thereto or a
substantially similar offense in another state; or
(9) the applicant, licensee or registrant has refused to
furnish
information required
by the commissioner within a reasonable period of time as established by the
commissioner.
(b) None of the following actions shall deprive the commissioner of any
jurisdiction or right to institute or proceed with any disciplinary proceeding
against such license or registration to render a decision suspending, revoking
or refusing to renew such license or registration or to establish and make a
record of the facts of any violation of law for any lawful purpose:
(1) The imposition of an administrative penalty;
(2) the lapse or suspension of any license or registration issued under this
act by operation
of law;
(3) the licensee's or registrant's failure to renew any license or
registration issued under
this act; or
(4) the licensee's or registrant's voluntary surrender of any license or
registration issued under this act.
History: L. 1996, ch. 175, § 7;
L. 1999, ch. 45, § 7;
L. 2000, ch. 17, § 2;
L. 2001, ch. 88, § 8;
L. 2009, ch. 29, § 8; July 1.
9-2207.Denial, suspension or revocation of license
or registration; notice; disciplinary proceedings.
(a) The commissioner may deny, suspend, revoke, or
refuse to renew a license or
registration
issued pursuant to this act, if the commissioner
finds, after notice and opportunity for a hearing conducted in
accordance with the provisions of the administrative procedures act, that:
(1) The applicant, licensee or registrant has repeatedly or
willfully
violated any
section of this act or any rule and regulation or order lawfully made pursuant
to this act;
(2) facts or conditions exist which would have justified
the denial of the license,
registration or renewal had these facts or conditions existed or been known to
exist at the time the application for the license, registration or
renewal was made;
(3) the applicant, licensee or registrant has filed with
the
commissioner any document
or statement containing any false representation of a material fact or fails to
state a material fact;
(4) the applicant, licensee or registrant has been
convicted of any
crime
involving fraud,
dishonesty or deceit, except that no registration shall be granted to any
loan originator who:
(A) Has had a mortgage loan originator license or registration revoked in any
governmental jurisdiction; or
(B) has been convicted of or pled guilty or nolo contendere to a felony in a
domestic, foreign or military court:
(i) During the seven-year period preceding the date of the application for
licensing and registration; or
(ii) at any time preceding such date of application, if such felony involved
an act of fraud, dishonesty, deceit, a breach of trust or money laundering;
(5) the applicant, licensee or registrant has engaged in or
is
engaging in deceptive
business practices;
(6) the applicant, licensee or registrant, or an employee
of the
applicant, licensee or
registrant, has been the subject of any disciplinary
action by this agency or any other state or federal regulatory agency;
(7) a final judgment has been entered against the
applicant, licensee
or registrant in
a civil action and the commissioner finds, based upon the conduct on which the
judgment is based, that licensing or registration of such person would
be contrary to the
public interest;
(8) the applicant, licensee or registrant, or an employee
of the
applicant, licensee or
registrant has been convicted of engaging in mortgage business activity without
authorization pursuant to K.S.A. 9-2203, and amendments thereto or a
substantially similar offense in another state; or
(9) the applicant, licensee or registrant has refused to
furnish
information required
by the commissioner within a reasonable period of time as established by the
commissioner.
(b) None of the following actions shall deprive the commissioner of any
jurisdiction or right to institute or proceed with any disciplinary proceeding
against such license or registration to render a decision suspending, revoking
or refusing to renew such license or registration or to establish and make a
record of the facts of any violation of law for any lawful purpose:
(1) The imposition of an administrative penalty;
(2) the lapse or suspension of any license or registration issued under this
act by operation
of law;
(3) the licensee's or registrant's failure to renew any license or
registration issued under
this act; or
(4) the licensee's or registrant's voluntary surrender of any license or
registration issued under this act.
History: L. 1996, ch. 175, § 7;
L. 1999, ch. 45, § 7;
L. 2000, ch. 17, § 2;
L. 2001, ch. 88, § 8;
L. 2009, ch. 29, § 8; July 1.
9-2207.Denial, suspension or revocation of license
or registration; notice; disciplinary proceedings.
(a) The commissioner may deny, suspend, revoke, or
refuse to renew a license or
registration
issued pursuant to this act, if the commissioner
finds, after notice and opportunity for a hearing conducted in
accordance with the provisions of the administrative procedures act, that:
(1) The applicant, licensee or registrant has repeatedly or
willfully
violated any
section of this act or any rule and regulation or order lawfully made pursuant
to this act;
(2) facts or conditions exist which would have justified
the denial of the license,
registration or renewal had these facts or conditions existed or been known to
exist at the time the application for the license, registration or
renewal was made;
(3) the applicant, licensee or registrant has filed with
the
commissioner any document
or statement containing any false representation of a material fact or fails to
state a material fact;
(4) the applicant, licensee or registrant has been
convicted of any
crime
involving fraud,
dishonesty or deceit, except that no registration shall be granted to any
loan originator who:
(A) Has had a mortgage loan originator license or registration revoked in any
governmental jurisdiction; or
(B) has been convicted of or pled guilty or nolo contendere to a felony in a
domestic, foreign or military court:
(i) During the seven-year period preceding the date of the application for
licensing and registration; or
(ii) at any time preceding such date of application, if such felony involved
an act of fraud, dishonesty, deceit, a breach of trust or money laundering;
(5) the applicant, licensee or registrant has engaged in or
is
engaging in deceptive
business practices;
(6) the applicant, licensee or registrant, or an employee
of the
applicant, licensee or
registrant, has been the subject of any disciplinary
action by this agency or any other state or federal regulatory agency;
(7) a final judgment has been entered against the
applicant, licensee
or registrant in
a civil action and the commissioner finds, based upon the conduct on which the
judgment is based, that licensing or registration of such person would
be contrary to the
public interest;
(8) the applicant, licensee or registrant, or an employee
of the
applicant, licensee or
registrant has been convicted of engaging in mortgage business activity without
authorization pursuant to K.S.A. 9-2203, and amendments thereto or a
substantially similar offense in another state; or
(9) the applicant, licensee or registrant has refused to
furnish
information required
by the commissioner within a reasonable period of time as established by the
commissioner.
(b) None of the following actions shall deprive the commissioner of any
jurisdiction or right to institute or proceed with any disciplinary proceeding
against such license or registration to render a decision suspending, revoking
or refusing to renew such license or registration or to establish and make a
record of the facts of any violation of law for any lawful purpose:
(1) The imposition of an administrative penalty;
(2) the lapse or suspension of any license or registration issued under this
act by operation
of law;
(3) the licensee's or registrant's failure to renew any license or
registration issued under
this act; or
(4) the licensee's or registrant's voluntary surrender of any license or
registration issued under this act.
History: L. 1996, ch. 175, § 7;
L. 1999, ch. 45, § 7;
L. 2000, ch. 17, § 2;
L. 2001, ch. 88, § 8;
L. 2009, ch. 29, § 8; July 1.