Maine Revised Statutes Title 32 Sec. 11031 – Licenses
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1. Licenses required. Except as provided in this subchapter, no person may conduct the business of a debt collector in this State without a valid license issued by the superintendent.
[PL 1985, c. 702, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 32 Sec. 11031
- Administrator: means the Superintendent of Consumer Credit Protection. See Maine Revised Statutes Title 32 Sec. 11002
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Consumer: means any natural person obligated or allegedly obligated to pay any debt. See Maine Revised Statutes Title 32 Sec. 11002
- Debt: includes any obligation or alleged obligation for payment of child support owed to, or owed by, a resident of this State and any obligation or alleged obligation relating to a check returned because of insufficient funds if a consumer is subject to an enforcement program operated by a private entity. See Maine Revised Statutes Title 32 Sec. 11002
- Debt buyer: means a person that is regularly engaged in the business of purchasing charged-off consumer debt for collection purposes, whether the person collects the debt or hires a 3rd party, which may include an attorney-at-law, in order to collect the debt. See Maine Revised Statutes Title 32 Sec. 11002
- Debt collector: includes persons who furnish collection systems carrying a name that simulates the name of a debt collector and who supply forms or form letters to be used by the creditor even though the forms direct the debtor to make payments directly to the creditor. See Maine Revised Statutes Title 32 Sec. 11002
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means any natural person, corporation, trust, partnership, incorporated or unincorporated association and any other legal entity. See Maine Revised Statutes Title 32 Sec. 11002
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
2. Licenses. Each license may be renewed biennially as long as the superintendent regards the business as responsible and safe, but in all cases terminate unless renewed by the expiration date. Each license must plainly state the name and business address of the licensee and be posted in a conspicuous place in the office where the business is transacted. The superintendent may permit affiliated companies to be under a single license and subject to a single examination as long as all of the affiliated company names are listed on the license. The superintendent may adopt rules to determine what constitutes an affiliated company. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2?A. If a licensee desires to carry on business in more than one place, the licensee shall procure a branch office license for each additional place where the business is to be conducted. The administrator may require licensing through the nationwide mortgage licensing system and registry as defined in Title 9?A, section 13?102, subsection 8. The administrator is authorized to participate in the nationwide mortgage licensing system and registry.
In all cases, whether licensing is through the nationwide mortgage licensing system and registry or otherwise, the administrator may establish, by rule, requirements for licensing, including but not limited to:
A. Background checks for:
(1) Criminal history through fingerprint or other databases;
(2) Civil or administrative records;
(3) Credit history; or
(4) Any other information determined necessary by the nationwide mortgage licensing system and registry; [PL 2021, c. 245, Pt. D, §26 (NEW).]
B. The payment of fees to apply for or renew licenses, except that the fee for an initial application may not exceed $800 and for a renewal may not exceed $500. If licensing is through the nationwide mortgage licensing system and registry, an applicant must also pay a nationwide mortgage licensing system and registry processing fee in an amount to be determined by the administrators of the nationwide mortgage licensing system and registry. Renewal applications received after the due date are subject to an additional fee of $100; [PL 2021, c. 245, Pt. D, §26 (NEW).]
C. The setting or resetting as necessary of renewal or reporting dates; and [PL 2021, c. 245, Pt. D, §26 (NEW).]
D. Other requirements for application for, amendment of or revocation of a license or any other such activities as the administrator considers necessary. [PL 2021, c. 245, Pt. D, §26 (NEW).]
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2?A.
[PL 2021, c. 245, Pt. D, §26 (AMD).]
3. Applications. Applications for a license shall comply with the following requirements.
A. The superintendent may require such financial statements and references of all applicants for a license as the superintendent deems necessary; and may make or cause to be made an independent investigation concerning the applicant’s reputation, integrity, competence and net worth. The investigation may cover all managerial personnel employed by or associated with the applicant. If the applicant is a debt buyer, the superintendent shall require documentation that the debt buyer has conducted a criminal background check prior to employment on every officer or employee of the debt buyer who engages in the active collection of debt for the debt buyer or has access to consumer credit information. [PL 2017, c. 216, §7 (AMD).]
B. Every application for a license shall be acted upon promptly by the superintendent. If the application complies in form and substance with this Act and the rules promulgated under this Act and the superintendent finds that the applicant is qualified under this Act, the superintendent shall issue a license forthwith. If the application is not sufficient in form or substance, the superintendent shall reject it and notify the applicant of the manner in which it is deficient. The rejection shall be without prejudice to the filing of a new application. If the superintendent finds that the applicant is not qualified under this Act, he shall reject the application and shall give the applicant written notice of the rejection and the reasons for the rejection. In addition, any foreign business, incorporated or unincorporated, before obtaining a license in order to conduct the business of a debt collector within the State shall furnish the superintendent with:
(1) A certified copy of its charter and bylaws; and
(2) A power of attorney appointing the superintendent to be the true and lawful attorney of the business in and for this State, upon whom all lawful process in an action or proceeding against the business may be served with the same effect as if the business existed in this State. The power of attorney shall stipulate and agree on the part of the business that any lawful process against the company which is served on the attorney shall be the same in legal force and validity as if served on the business itself, and that the authority shall continue in force irrevocable so long as any liability remains outstanding against the business in this State. A certificate of the appointment, duly certified and authenticated shall be filed in the office of the superintendent and a copy certified by him shall be received in evidence in all courts of this State. [PL 1985, c. 702, §2 (NEW).]
[PL 2017, c. 216, §7 (AMD).]
4. Change in ownership or management. A change of 25% or more in ownership or management of any corporate licensee, or of the partners in any partnership licensee, shall require the filing of a new application under this section.
[PL 1985, c. 702, §2 (NEW).]
SECTION HISTORY
PL 1985, c. 702, §2 (NEW). PL 1999, c. 184, §24 (AMD). PL 2009, c. 243, §6 (AMD). PL 2017, c. 216, §7 (AMD). PL 2021, c. 245, Pt. D, §26 (AMD).