NRS645B.690. Duty of Commissioner to take disciplinary action for certain violations.

      1.  If a person offers or provides any of the services of a mortgage broker or mortgage agent or otherwise engages in, carries on or holds himself or herself out as engaging in or carrying on the business of a mortgage broker or mortgage agent and, at the time:

      (a) The person was required to have a license pursuant to this chapter and the person did not have such a license;

      (b) The person was required to be registered with the Registry and the person was not so registered; or

      (c) The person’s license was suspended or revoked pursuant to this chapter,

Ê the Commissioner shall impose upon the person an administrative fine of not more than $50,000 for each violation and, if the person has a license, the Commissioner may suspend or revoke it.

      2.  If a mortgage broker violates any provision of subsection 1 of NRS 645B.080 and the mortgage broker fails, without reasonable cause, to remedy the violation within 20 business days after being ordered by the Commissioner to do so or within such later time as prescribed by the Commissioner, or if the Commissioner orders a mortgage broker to provide information, make a report or permit an examination of his or her books or affairs pursuant to this chapter and the mortgage broker fails, without reasonable cause, to comply with the order within 20 business days or within such later time as prescribed by the Commissioner, the Commissioner shall:

      (a) Impose upon the mortgage broker an administrative fine of not more than $25,000 for each violation;

      (b) Suspend or revoke the license of the mortgage broker; and

      (c) Conduct a hearing to determine whether the mortgage broker is conducting business in an unsafe and injurious manner that may result in danger to the public and whether it is necessary for the Commissioner to take possession of the property of the mortgage broker pursuant to NRS 645B.630.

      3.  If a mortgage broker:

      (a) Makes or offers for sale in this State any investments in promissory notes secured by liens on real property; and

      (b) Receives the lowest possible rating on two consecutive annual or biennial examinations pursuant to NRS 645B.060,

Ê the Commissioner shall suspend or revoke the license of the mortgage broker.

      (Added to NRS by 1999, 3776; A 2003, 3557; 2009, 747, 1451, 1556; 2011, 3624)