RCW 19.146.220 Director—Powers and duties—Violations as separate violations—Rules. (1) The director may enforce all laws and rules relating to the licensing of mortgage brokers and loan originators, grant or deny licenses to mortgage brokers and loan originators, and hold hearings. (2) The director may impose fines and order restitution and refunds against licensees, employees, independent […]
RCW 19.146.221 Action by director—Hearing—Sanction. (1) The director may, at his or her discretion, take any action as provided for in this chapter to enforce this chapter. If the person subject to such action does not appear in person or by counsel at the time and place designated for any administrative hearing that may be […]
RCW 19.146.223 Director—Administration and interpretation. The director shall have the power and broad administrative discretion to administer and interpret the provisions of this chapter to fulfill the intent of the legislature as expressed in RCW 19.146.005. [ 1994 c 33 § 2.]
RCW 19.146.225 Director—Rule-making powers. In accordance with the administrative procedure act, chapter 34.05 RCW, the director may issue rules under this chapter only for the purpose of governing the activities of licensed mortgage brokers, loan originators, and other persons subject to this chapter. [ 2010 1st sp.s. c 7 § 70; 2006 c 19 § […]
RCW 19.146.226 Director—Licensing rules and interim procedures. For the purposes of implementing an orderly and efficient licensing process, the director may establish licensing rules and interim procedures for licensing and acceptance of applications. For previously registered or licensed individuals, the director may establish expedited review and licensing procedures. [ 2009 c 528 § 13.] NOTES: […]
RCW 19.146.227 Cease and desist order—Action to enjoin and enforce. Whenever the director determines that the public is likely to be substantially injured by delay in issuing a cease and desist order, the director may immediately issue a temporary cease and desist order. The order may direct the licensee to discontinue any violation of this […]
RCW 19.146.228 Fees—Exception. The director must establish fees sufficient to cover, but not exceed, the costs of administering this chapter. These fees may include: (1) An annual assessment paid by each licensee on or before a date specified by rule; (2) An investigation fee to cover the costs of any investigation of the books and […]
RCW 19.146.230 Administrative procedure act application. The proceedings for denying license applications, issuing cease and desist orders, suspending or revoking licenses, and imposing civil penalties or other remedies issued pursuant to this chapter and any appeal therefrom or review thereof shall be governed by the provisions of the administrative procedure act, chapter 34.05 RCW. [ […]
RCW 19.146.233 Subpoena authority—Application—Contents—Notice—Fees. (1) The director or authorized assistants may apply for and obtain a superior court order approving and authorizing a subpoena in advance of its issuance. The application may be made in the county where the subpoenaed person resides or is found, or the county where the subpoenaed documents, records, or evidence […]
RCW 19.146.235 Director’s authority to conduct investigations and examinations—Rules—Penalty. The director or a designee has authority to conduct investigations and examinations as provided in this section. (1) For the purposes of investigating violations or complaints arising under this chapter, the director or his or her designee may make an investigation of the operations of any […]
RCW 19.146.237 Director—Powers under chapter 19.144 RCW. The director or the director’s designee may take such action as provided for in this chapter to enforce, investigate, or examine persons covered by chapter 19.144 RCW. [ 2008 c 108 § 14.] NOTES: Findings—2008 c 108: See RCW 19.144.005.
RCW 19.146.240 Violations—Claims against bond or alternative. (1) The director or any person injured by a violation of this chapter may bring an action against the surety bond or approved alternative of the licensed mortgage broker who committed the violation or who employed or engaged the loan originator who committed the violation. (2)(a) The director […]
RCW 19.146.245 Violations—Liability. A licensed mortgage broker is liable for any conduct violating this chapter by the designated broker, a loan originator, or other licensed mortgage broker while employed or engaged by the licensed mortgage broker. [ 1997 c 106 § 16; 1994 c 33 § 22; 1993 c 468 § 15.] NOTES: Severability—1997 c […]
RCW 19.146.250 Authority restricted to person named in license—Exceptions. No license issued under the provisions of this chapter shall authorize any person other than the person to whom it is issued to do any act by virtue thereof nor to operate in any other manner than under his or her own name except: (1) A […]
RCW 19.146.260 Registered agent for brokers without physical office in state—Venue. Every licensed mortgage broker that does not maintain a physical office within the state must maintain a registered agent within the state to receive service of any lawful process in any judicial or administrative noncriminal suit, action, or proceeding against the licensed mortgage broker […]
RCW 19.146.265 Branch offices—Fee—Licenses—Rules. A licensee may not maintain more than one place of business under the same license unless: (1) The director approves the licensed mortgage broker’s application, made in a form and manner established in rule, to establish one or more branch offices under the same or different name as the main office. […]
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 […]
RCW 19.146.310 Loan originator license—Requirements for issuance—Denial—Validity—Expiration—Surrender—Interim license. (1) The director shall issue and deliver a loan originator license if, after investigation, the director makes the following findings: (a) The loan originator applicant has paid the required license fees; (b) The loan originator applicant has met the requirements of RCW 19.146.300; (c) The loan originator […]
RCW 19.146.320 Loan originator license—Not assignable. A loan originator license, or the authority granted under such a license, is not assignable and cannot be transferred, sold, or franchised by contract or any other means. [ 2006 c 19 § 21.]
RCW 19.146.325 Loan originator license—Test. (1) To obtain a loan originator license, an individual must pass a test developed by the nationwide mortgage licensing system and registry and administered by a test provider approved by the nationwide mortgage licensing system and registry based upon reasonable standards. (2) An individual is not considered to have passed […]
