54-4-80. Sharing of information collected by director.
The following provisions apply to the sharing of information collected and retained by the director during the administration of this chapter:
(1)The provisions of §51A-2-35 regarding privacy or confidentiality apply to any information or material provided to the nationwide mortgage licensing system and registry, and any privilege arising under federal or state law, including a rule of any federal or state court, with respect to the information or material, continue to apply to the information or material after the information or material has been disclosed to the nationwide mortgage licensing system and registry. The information and material may be shared with all state and federal regulatory officials with money lending industry oversight authority without the loss of privilege or the loss of confidentiality protections pursuant to the provisions of federal law or §51A-2-35;
(2)No information or material that is subject to a privilege or confidentiality pursuant to this section is 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 regarding the information or material is waived, in whole or in part, by the person to whom the information or material pertains.
This section does not apply with respect to the information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, any licensee that is included in the nationwide mortgage licensing system and registry for access by the public.
Source: SL 2015, ch 242, §9.
Structure South Dakota Codified Laws
Title 54 - Debtor and Creditor
Chapter 04 - Money Lending Licenses
Section 54-4-36 - Definition of terms.
Section 54-4-37 - Entities exempt from chapter provisions.
Section 54-4-38 - Promulgation of rules.
Section 54-4-39 - Compliance with Title 53.
Section 54-4-41 - Rejection or acceptance of application by director.
Section 54-4-42 - Bond to be filed with application.
Section 54-4-44.2 - Motor vehicle purchase loan--Fees incident to extension of credit.
Section 54-4-44.3 - Consumer default--Fees incident to extension of credit.
Section 54-4-44.4 - Business-to-business lending exempt.
Section 54-4-45 - Duration of license--Renewal.
Section 54-4-46 - Transfer of license--Approval required for name change.
Section 54-4-47 - Location to be licensed--Change of location.
Section 54-4-47.1 - Remote work--Requirements.
Section 54-4-48 - Cease and desist order for practice not in conformity to requirements--Appeal.
Section 54-4-49 - Conditions, denial, nonrenewal, suspension, or revocation of license.
Section 54-4-50 - Injunction against licensee for violation.
Section 54-4-51 - Court-appointed receivership.
Section 54-4-52 - License required.
Section 54-4-53 - Deposit of funds.
Section 54-4-54 - Payment of annual tax--Exemption.
Section 54-4-55 - Exemption from other taxes.
Section 54-4-56 - Renewal of application--Tax information--Forms.
Section 54-4-58 - Information required in contract.
Section 54-4-59 - Property insurance required.
Section 54-4-60 - Purchase of insurance not condition to receive loan.
Section 54-4-61 - Copy provided to debtor.
Section 54-4-62 - Satisfaction of loan--Release of assignments.
Section 54-4-63 - Advertising.
Section 54-4-64 - Application of chapter.
Section 54-4-65 - Limitation on renewal, rollover, or flip of short-term consumer loan--Fee.
Section 54-4-66 - Maximum amount of payday loan--Violation as misdemeanor.
Section 54-4-68 - Appointment of resident agent for service of process--Notice.
Section 54-4-69 - Consent to be sued--Form.
Section 54-4-71 - Term of title loan--Renewal--Payment amounts--Deferred principal amount.
Section 54-4-73 - Debt cancellation contract defined.
Section 54-4-74 - Debt suspension contract defined.
Section 54-4-75 - Debt cancellation contracts and debt suspension contracts permitted.
Section 54-4-76 - Loans by unlicensed lenders uncollectible except for principal.
Section 54-4-77 - Debt collection--Prohibitions.
Section 54-4-77.1 - Exemptions not applicable to prohibited debt-collection tactics.
Section 54-4-79 - Contracts for collection and maintenance of records and processing of fees.
Section 54-4-80 - Sharing of information collected by director.
Section 54-4-81 - Attorney's fees recoverable if provided for in evidence of debt.