RCW 19.146.370
Disclosure of information—Privilege—Confidentiality—Exceptions.
(1) Except as otherwise provided in section 1512 of the S.A.F.E. act, the requirements under any federal law or chapter 42.56 RCW regarding the privacy or confidentiality of any information or material provided to the nationwide mortgage licensing system and registry, and any privilege arising under federal or state law, including the rules of any federal or state court, with respect to that information or material, continues to apply to the information or material after the information or material has been disclosed to the nationwide mortgage licensing system and registry. Information and material may be shared with all state and federal regulatory officials with mortgage industry oversight authority without the loss of privilege or the loss of confidentiality protections provided by federal law or state law.
(2) For the purposes under subsection (1) of this section, the director is authorized to enter agreements or sharing arrangements with other governmental agencies, the conference of state bank supervisors, the American association of residential mortgage regulators, or other associations representing governmental agencies as established by rule, regulation, or order of the director.
(3) Information or material that is subject to a privilege or confidentiality under subsection (1) of this section is not subject to:
(a) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or an agency of the federal government or the respective state; or
(b) Subpoena or discovery, or admission into evidence, in any private civil action or administrative process unless, with respect to any privilege held by the nationwide mortgage licensing system and registry with respect to that information or material, the person to whom the information or material pertains waives, in whole or in part, in the discretion of that person, that privilege.
(4) Chapter 42.56 RCW relating to the disclosure of confidential supervisory information or any information or material described in subsection (1) of this section that is inconsistent with subsection (1) of this section is superseded by the requirements of this section.
(5) This section does not apply to the information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, mortgage loan originators that is included in the nationwide mortgage licensing system and registry for access by the public.
[ 2009 c 528 § 15.]
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.