§ 40-23-112 — Records; confidentiality of records; exception

(a) Every licensee shall maintain records in conformity
with generally accepted accounting principles in a manner that
will enable the commissioner to determine whether the licensee
is complying with the provisions of this act. The recordkeeping
system of a licensee shall be sufficient if he makes the
required information available. The records need not be kept in
the place of business where residential mortgage loans are made,
if the commissioner is given free access to the records wherever
located. The records pertaining to any loan shall be retained
for the period of twenty-five (25) months from the date of loan
closing.
(b) Except as provided in subsections (c) through (f) of
this section, all information or reports obtained by the
commissioner from an applicant or licensee are confidential.
(c) The commissioner may disclose confidential information
to mortgage lending or mortgage brokering supervisory agencies
in other states or to federal regulatory authorities or to
appropriate prosecuting attorneys.
(d) The commissioner may enter into cooperative,
coordinating or information sharing agreements with any other
supervisory agency or any organization affiliated with or
representing one (1) or more mortgage lending or mortgage
brokering supervisory agencies with respect to the periodic
examination or other supervision of any office in Wyoming of an
out-of-state licensee, and the commissioner may accept such
parties’ reports of examination and reports of investigation in
lieu of conducting his own examinations or investigations.
(e) The commissioner may enter into contracts with any
mortgage lending or mortgage brokering supervisory agency having
concurrent jurisdiction over a Wyoming licensee pursuant to this
act to engage the services of the agency’s examiners at a
reasonable rate of compensation. Any such contract shall not be
subject to the provisions of W.S. 9-2-3204(b).
(f) Except as provided in P.L. 110-289, section 1512, the
requirements under any federal law or state law regarding the
privacy or confidentiality of any information or material
provided to the registry, and any privilege arising under
federal or state law, including the rules of any federal or
state court, with respect to such information or material, shall
continue to apply to such information or material after the
information or material has been disclosed to the registry.
Such information and any other confidential material obtained by
the commissioner 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 any state law.
(g) Information or material that is subject to a privilege
or confidentiality under subsection (f) of this section shall
not be subject to:
(i) Disclosure under any federal or state law
governing the disclosure to the public of information held by an
officer or agency of the federal government or the respective
state; or
(ii) Subpoena, discovery or admission into evidence,
in any private civil action or administrative process, unless
with respect to any privilege held by the registry with respect
to such information or material, the person to whom such
information or material pertains waives that privilege, in whole
or in part.
(h) Any Wyoming law relating to the disclosure of
confidential supervisory information or any information or
material described in subsection (f) of this section that is
inconsistent with subsection (f) of this section shall be
superceded by the requirements of this section.
(j) This section shall not apply with respect to the
information or material relating to the employment history of,
and publicly adjudicated disciplinary and enforcement actions
against, any mortgage loan originator that is included in the
registry for access by the public.
(k) This section does not prohibit the commissioner from
disclosing to the public a list of persons licensed under this
act.