(a) (1) The Commissioner shall examine the business of each licensee:
(i) In accordance with a schedule established by the Commissioner; and
(ii) At any other time that the Commissioner reasonably considers necessary.
(2) The schedule established by the Commissioner under paragraph (1)(i) of this subsection shall:
(i) Take into account:
1. The length of time the licensee has been engaged in business as a mortgage lender;
2. Any prior violations by the licensee of the mortgage lending law or regulations;
3. The nature and number of any complaints made against the licensee; and
4. The result of findings from any prior examination of the licensee; and
(ii) Provide that:
1. New licensees shall be examined within 18 months after the date the license is issued; and
2. Each licensee shall be examined at least once during any 60–month period.
(b) (1) Any person aggrieved by the conduct of a licensee under this subtitle in connection with a mortgage loan may file a written complaint with the Commissioner who shall investigate the complaint.
(2) The Commissioner may make any other investigation of any person if the Commissioner has reasonable cause to believe that the person has violated any provision of this subtitle, of any regulation adopted under this subtitle, or of any other law regulating mortgage loan lending in the State.
(c) A licensee shall pay to the Commissioner a per–day fee set by the Commissioner for each of the Commissioner’s employees engaged in:
(1) An examination required under subsection (a)(1) of this section; and
(2) Any other examination or investigation conducted under this section that the Commissioner reasonably considers necessary.
(d) In connection with an examination or investigation made under this section, the Commissioner may:
(1) Examine the books and records of any licensee or of any other person who the Commissioner believes has violated any provision of this subtitle, or any rule or regulation adopted under this subtitle, or of any other law regulating mortgage loan lending in the State;
(2) Subpoena documents or other evidence; and
(3) Summon and examine under oath any person whose testimony the Commissioner requires.
(e) (1) If any person fails to comply with a subpoena or summons of the Commissioner under this subtitle or to testify concerning any matter about which the person may be interrogated under this subtitle, the Commissioner may file a petition for enforcement with the circuit court for any county.
(2) On petition by the Commissioner, the court may order the person to attend and testify or produce evidence.
Structure Maryland Statutes
Subtitle 5 - Maryland Mortgage Lender Law
Section 11-502 - Applicability
Section 11-503 - Rules and Regulations
Section 11-503.1 - Fee Regulations
Section 11-504 - License or Registration Requirement
Section 11-505 - Licenses and Licensees Generally
Section 11-506 - Qualifications for License
Section 11-506.1 - Exemptions From License Requirement; Fingerprinting
Section 11-507 - Applications for Licenses
Section 11-508.1 - Lender Net Worth Requirements
Section 11-509 - Investigation of Applicant; Issuance of License
Section 11-510 - Denial of License
Section 11-511 - Term and Renewal of Licenses
Section 11-511.1 - Continuing Education
Section 11-512 - Change of Place of Business; Change in Control
Section 11-512.1 - Information Posted by Licensee at Licensed Location and on Website -- Exclusion
Section 11-513 - Books and Records
Section 11-513.1 - Quarterly Call Reports
Section 11-514 - Surrender of License
Section 11-515 - Investigatory Powers and Duties of Commissioner; Complaints
Section 11-516 - Order to Stop Doing Business
Section 11-519 - Reinstatement of Suspended License; Issuance of New License After Revocation