RCW 19.146.300
Loan originator license—Application—Applicant to furnish information establishing identification—Background check—Fees—Rules.
(1) Application for a loan originator license under this chapter must be made to the nationwide mortgage licensing system and registry and in the form prescribed by the director. The application must contain at least the following information:
(a) The name, address, date of birth, and social security number of the loan originator applicant, and any other names, dates of birth, or social security numbers previously used by the loan originator applicant, unless waived by the director; and
(b) Such other information regarding the loan originator applicant's background, experience, character, and general fitness as the director may require by rule or as deemed necessary by the nationwide mortgage licensing system and registry.
(2)(a) As part of or in connection with an application for any license under this section, or periodically upon license renewal, the loan originator applicant must furnish information concerning his or her identity, including fingerprints for submission to the Washington state patrol, the federal bureau of investigation, the nationwide mortgage licensing system and registry, or any governmental agency or entity authorized to receive this information for a state and national criminal history background check; personal history; experience; business record; purposes; and other pertinent facts, as the director may reasonably require. As part of or in connection with an application for a license under this chapter, or periodically upon license renewal, the director is authorized to receive criminal history record information that includes nonconviction data as defined in RCW 10.97.030. The department may only disseminate nonconviction data obtained under this section to criminal justice agencies. This section does not apply to financial institutions regulated under chapters 31.12 and 31.13 RCW and Titles 30A, 32, and 33 RCW.
(b) In order to reduce the points of contact which the federal bureau of investigation may have to maintain, the director may use the nationwide mortgage licensing system and registry as a channeling agent for requesting information from and distributing information to the department of justice or any governmental agency.
(c) In order to reduce the points of contact which the director may have to maintain, the director may use the nationwide mortgage licensing system and registry as a channeling agent for requesting and distributing information to and from any source so directed by the director.
(d) As part of or in connection with an application for a license under this section, the loan originator applicant must furnish to the nationwide mortgage licensing system and registry personal history and experience in a form prescribed by the nationwide mortgage licensing system and registry, including the submission of authorization for the nationwide mortgage licensing system and registry and the director to obtain:
(i) An independent credit report obtained from a consumer reporting agency described in section 603(p) of the federal fair credit reporting act; and
(ii) Information related to any administrative, civil, or criminal findings by any governmental jurisdiction.
(3) At the time of filing an application for a license under this chapter, each loan originator applicant must pay to the director the appropriate application fee in an amount determined by rule of the director in accordance with RCW 19.146.228 to cover the cost of processing and reviewing the application. The director must deposit the moneys in the financial services regulation fund.
(4) The director must establish by rule procedures for accepting and processing incomplete applications.
[ 2015 c 229 § 17; 2009 c 528 § 9; 2006 c 19 § 19.]
NOTES:
Effective date—License requirement—Implementation—2009 c 528: See notes following RCW 19.146.010.
Structure Revised Code of Washington
Title 19 - Business Regulations—Miscellaneous
Chapter 19.146 - Mortgage Broker Practices Act.
19.146.005 - Findings and declaration.
19.146.020 - Exemptions from chapter.
19.146.0201 - Loan originator, mortgage broker—Prohibitions—Requirements.
19.146.060 - Accounting requirements.
19.146.070 - Fee, commission, or compensation—When permitted.
19.146.085 - Duties—Generally.
19.146.095 - Fiduciary duties.
19.146.100 - Violations of chapter—Application of consumer protection act.
19.146.103 - Financial interest in a mortgage broker—Prohibited practices.
19.146.110 - Criminal penalty.
19.146.210 - License—Requirements for issuance—Denial—Validity—Surrender—Interim license—Rules.
19.146.215 - Continuing education—Rules.
19.146.218 - Informal settlement of complaints or enforcement actions—Director's discretion.
19.146.220 - Director—Powers and duties—Violations as separate violations—Rules.
19.146.221 - Action by director—Hearing—Sanction.
19.146.223 - Director—Administration and interpretation.
19.146.225 - Director—Rule-making powers.
19.146.226 - Director—Licensing rules and interim procedures.
19.146.227 - Cease and desist order—Action to enjoin and enforce.
19.146.230 - Administrative procedure act application.
19.146.233 - Subpoena authority—Application—Contents—Notice—Fees.
19.146.235 - Director's authority to conduct investigations and examinations—Rules—Penalty.
19.146.237 - Director—Powers under chapter 19.144 RCW.
19.146.240 - Violations—Claims against bond or alternative.
19.146.245 - Violations—Liability.
19.146.250 - Authority restricted to person named in license—Exceptions.
19.146.260 - Registered agent for brokers without physical office in state—Venue.
19.146.265 - Branch offices—Fee—Licenses—Rules.
19.146.320 - Loan originator license—Not assignable.
19.146.325 - Loan originator license—Test.
19.146.340 - Loan originator applicants.
19.146.350 - Loan originators—Continuing education—Requirements.
19.146.370 - Disclosure of information—Privilege—Confidentiality—Exceptions.
19.146.380 - Director's authority to contract—Records and fees.
19.146.390 - Mortgage brokers—Call reports—Licensing system and registry.
19.146.400 - Director's authority—Violation and enforcement reporting.
19.146.903 - Effective dates—1994 c 33.