Occupational Board Reform Act

General Information

Committee of Jurisdiction:Banking, Commerce and Insurance
Occupation Regulated:Loan Officer (Credit Union)
Occupational Board:N/A
Contact:Darcy Bailar, Deputy Director
Purpose:Under the Credit Union Act a chief executive officer or the credit committee of a credit union may apply to the Department for the licensing of one or more loan officers to delegate to such loan officers the power to approve loans. Since 2017 a credit union may elect for its loan officers to be exempt from the requirement to apply for and obtain a loan officer license. Neb. Rev. Stat. § 21-1770.
Regulated Professionals:26
Year Created:1996
Year Active:1996
Sunset Date:N/A

Authorization

Statutory Authorization:Credit Union Act Neb Rev. Stat. § 21-1770
Parent Agency:Nebraska Department of Banking and Finance

Membership

Number of Members:
Who Appoints:
Legislative Approval:
Qualifications of Members:
Per Diem:
Expense Reimbursement:
Term Length:
Terms Rotate or Expire at Once:

Meetings

Required FY 2022-2021:0
Held FY 2022-2021:0
Required FY 2021-2020:0
Held FY 2021-2020:0
Required FY 2020-2019:0
Held FY 2020-2019:0
Required FY 2019-2018:0
Held FY 2019-2018:0
Required FY 2018-2017:0
Held FY 2018-2017:0

Operations

Support Staff:5 *Whole compensation figures. Does not consider percentage allocation of time.
Shared or Separate:Shared
FY 2022-2021 Budget:492590
FY 2021-2020 Budget:573627
FY 2020-2019 Budget:539630
FY 2019-2018 Budget:541486
FY 2018-2017 Budget:473931
Other Funding Sources:No Other Funding Sources
Spending Authority:Neb. Rev. Stat. § 8-601 (Administration). Neb. Rev. Stat. § 84-1116.01 (Authority beyond budget).

Other

Government Certificates Issued:18
Issued Certificate Descriptions:“Issued” in this context means application approved by the Department.
Government Certificates Revoked:0
Revoked Certificate Descriptions:“Revoked” refers to situations where the Department has taken away a previously issued license.
Government Certificates Denied:0
Denied Certificate Descriptions:“Denied” refers to initial license applications denied by the Director and does not include withdrawn applications.
Government Certificates Penalties Against:0
Penalty Certificate Descriptions:“Penalty” refers to fines against an individual licensee and not conditions placed on licenses.
Explanation of Effectiveness:https://nebraskalegislature.gov/pdf/SurveyDocs/explanation1668531457.pdf
Potential Harm* Provide an explanation for why you believe or do not believe that the occupational regulations overseen by your board have been effective. Loan officers who interact and work with loan and credit product customers are in a position of trust and have access to sensitive personal financial information about Nebraska consumers. Loan officers also are given authority by their institutions to make loans of certain amounts without Board approval and therefore can put a financial institution at risk when making loans. The Department and the State have a strong interest in monitoring the industry and removing bad actors. The low amount of license denials demonstrates a low barrier to entry into the profession. The number of licenses revoked or given penalties is very low in comparison to the number of registrants. The existing regulatory framework gives the Department the necessary authority to remove bad actors who misuse customer and credit union funds or take advantage of the sensitive information they have access to or their position of power. The Department would share information with relevant Federal regulators in order to maintain a cohesive supervisory network. Establishing minimum requirements for loan officers helps protect communities from illegal and possibly predatory practices and may promote local economic growth. What is the potential harm if this occupation is no longer licensed, certified, or regulated? Nebraska would lose some of its authority to monitor individuals working in credit unions, remove bad actors, and reduce risk to credit unions. The Department would not be able to ensure that loan officers in credit union meet minimum standards related to character and experience. The ability to remove bad actors is an important protection for Nebraska consumers. All states, and relevant Federal agencies, have regulatory processes to monitor credit union institutions and provide for their safety and soundness. Violation of any other states credit union regulations may disqualify an individual from working in other states. * Provide a comparison of whether and how other states regulate the occupation. See above.
Regulation Comparison:https://nebraskalegislature.gov/pdf/SurveyDocs/comparison1668531457.pdf
Subject to Regulations of Act(LB407):No
Survey Submitted: November 15, 2022 10:57 AM