(1) The director may examine documents and records maintained by a licensee,
registrant, individual, or person subject to the Residential Mortgage Licensing
Act. The director may investigate complaints about a licensee, registrant,
individual, or person subject to the act. The director may investigate reports
of alleged violations of the act, any federal law governing residential mortgage
loans, or any rule, regulation, or order of the director under the act. For
purposes of investigating violations or complaints arising under the act or
for the purposes of examination, the director may review, investigate, or
examine any licensee, registrant, individual, or person subject to the act
as often as necessary in order to carry out the purposes of the act.
(2) For purposes of any investigation, examination, or proceeding, including,
but not limited to, initial licensing, license renewal, license suspension,
license conditioning, or license revocation, the director shall have the authority
to access, receive, and use any books, accounts, records, files, documents,
information, or evidence, including, but not limited to:
(a) Criminal, civil, and administrative history information;
(b) Personal history and experience information, including independent
credit reports obtained from a consumer reporting agency described in 15 U.S.C.
1681a(p), as such section existed on January 1, 2010; and
(c) Any other documents, information, or evidence the director deems
relevant to the inquiry or investigation regardless of the location, possession,
control, or custody of such documents, information, or evidence.
(3) Each licensee, registrant, individual, or person subject to the
Residential Mortgage Licensing Act shall make available to the director upon
request the books, accounts, records, files, or documents relating to the
operations of such licensee, registrant, individual, or person subject to
the act. The director shall have access to such books, accounts, records,
files, and documents and may interview the officers, principals, mortgage
loan originators, employees, independent contractors, agents, and customers
of the licensee, registrant, individual, or person subject to the act, concerning
the business of the licensee, registrant, individual, or person subject to
the act.
(4) Each licensee, registrant, individual, or person subject to the
act shall make or compile reports or prepare other information as instructed
by the director in order to carry out the purposes of this section, including,
but not limited to:
(a) Accounting compilations;
(b) Information lists and data concerning loan transactions on a form
prescribed by the director; or
(c) Such other information deemed necessary to carry out the purposes
of this section.
(5) The director may send a notice of investigation or inquiry request
for information to a licensee or registrant. Upon receipt by a licensee or
registrant of the director's notice of investigation or inquiry request for
information, the licensee or registrant shall respond within twenty-one calendar
days. Each day beyond that time a licensee or registrant fails to respond
as required by this subsection shall constitute a separate violation of the
act. This subsection shall not be construed to require the director to send
a notice of investigation to a licensee, a registrant, or any person.
(6) For the purpose of any investigation, examination, or proceeding
under the act, the director or any officer designated by him or her may administer
oaths and affirmations, subpoena witnesses and compel their attendance, take
evidence, and require the production of any books, papers, correspondence,
memoranda, agreements, or other documents or records which the director deems
relevant or material to the inquiry. If any person refuses to comply with
a subpoena issued under this section or to testify with respect to any matter
relevant to the proceeding, the district court of Lancaster County may, on
application of the director, issue an order requiring the person to comply
with the subpoena and to testify. Failure to obey an order of the court to
comply with the subpoena may be punished by the court as civil contempt.
(7) In conducting an examination or investigation under this section,
the director may rely on reports made by the licensee or registrant which
have been prepared within the preceding twelve months for the following federal
agencies or federally related entities:
(a) The United States Department of Housing and Urban Development;
(b) The Federal Housing Administration;
(c) The Federal National Mortgage Association;
(d) The Government National Mortgage Association;
(e) The Federal Home Loan Mortgage Corporation;
(f) The United States Department of Veterans Affairs; or
(g) The Consumer Financial
Protection Bureau.
(8) In order to carry out the purposes
of this section, the director may:
(a) Enter into agreements or relationships with other government officials
or regulatory associations in order to improve efficiencies and reduce the
regulatory burden by sharing resources, standardized or uniform methods or
procedures, and documents, records, information, or evidence obtained under
this section;
(b) Use, hire, contract, or employ publicly or privately available analytical
systems, methods, or software to examine or investigate the licensee, registrant,
individual, or person subject to the act;
(c) Accept and rely on examination or investigation reports made by
other government officials, within or without this state; or
(d) Accept audit reports made by an independent certified public accountant
for the licensee, registrant, individual, or person subject to the act in
the course of that part of the examination covering the same general subject
matter as the audit and incorporate the audit report in the report of the
examination, report of investigation, or other writing of the director.
(9) If the director receives a complaint or other information concerning
noncompliance with the act by an exempt person, the director shall inform
the agency having supervisory authority over the exempt person of the complaint.
(10) No licensee, registrant, individual, or person subject to investigation
or examination under this section shall knowingly withhold, abstract, remove,
mutilate, destroy, or secrete any books, records, computer records, or other
information.
(11) The total charge for an examination or investigation shall be paid
by the licensee or registrant as set forth in sections 8-605 and 8-606 .
(12) Examination reports shall not be deemed public records and may
be withheld from the public pursuant to section 84-712.05 .
(13) Complaint files shall be deemed public records.
(14) The authority of this section shall remain in effect, whether such
a licensee, registrant, individual, or person subject to the Residential Mortgage
Licensing Act acts or claims to act under any licensing or registration law
of this state or claims to act without such authority.