1. (a) On and after July 31, 2010, each individual required to register as a loan originator pursuant to the Kansas mortgage business act, K.S.A. 9-2201 et seq. and amendments thereto, shall pass a qualified written test. For purposes of this regulation, the commissioner's designee for developing and administering the qualified written test shall be the nationwide mortgage licensing system and registry.

2. (b) A written test shall not be treated as a qualified written test for purposes of subsection (a) unless the test adequately measures the applicant's knowledge and comprehension in appropriate subject areas, including the following:

   1. (1) Ethics;
   2. (2) federal laws and regulations pertaining to mortgage origination;
   3. (3) state laws and regulations pertaining to mortgage origination; and

   4. (4) federal and state laws and regulations, including instruction on fraud, consumer protection, the nontraditional mortgage marketplace, and fair lending issues.

      1. (cv) (1) An applicant shall not be considered to have passed a qualified written test unless the applicant achieves a test score of at least 75 percent.
   5. (2) An applicant may retake a test three consecutive times, with each consecutive taking occurring at least 30 days after the preceding test.
   6. (3) After failing three consecutive tests, an applicant shall wait at least six months before taking the test again.
   7. (4) A registrant who fails to maintain a valid license for five years or longer shall retake the test, not including any time during which the individual is a registered loan originator, as defined in section 1503 of title V, S.A.F.E. mortgage licensing act of 2008, P.L. 110-289.

(Authorized by and implementing K.S.A. 2008 Supp. 9-2209, as amended by 2009 SB 240, §9; effective Oct. 2, 2009.)