45-741 Director; examine documents and records; investigate violations or complaints; director; powers; costs; confidentiality.
45-741. Director; examine documents and records;investigate violations or complaints; director; powers; costs; confidentiality.(1) The director may examine documents and records maintained by a licensee,registrant, individual, or person subject to the Residential Mortgage LicensingAct. The director may investigate complaints about a licensee, registrant,individual, or person subject to the act. The director may investigate reportsof alleged violations of the act, any federal law governing residential mortgageloans, or any rule, regulation, or order of the director under the act. Forpurposes of investigating violations or complaints arising under the act orfor the purposes of examination, the director may review, investigate, orexamine any licensee, registrant, individual,or person subject to the act as often as necessary in order to carry out thepurposes 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 authorityto 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 independentcredit reports obtained from a consumer reporting agency described in 15U.S.C. 1681a(p), as such section existedon January 1, 2010; and(c) Any other documents, information, or evidence the director deemsrelevant 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 theResidential Mortgage Licensing Act shall make available to the director uponrequest the books, accounts, records, files, or documents relating to theoperations 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, andcustomers of the licensee, registrant, individual,or person subject to the act, concerning the businessof the licensee, registrant, individual, or person subject to the act.(4) Each licensee, registrant, individual, or person subject to theact shall make or compile reports or prepare other information as instructedby 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 purposesof this section.(5) The director may send a notice of investigation or inquiry requestfor information to a licensee orregistrant. Upon receipt by a licensee or registrant of the director's notice of investigationor inquiry request for information, the licensee or registrant shall respond within twenty-onecalendar days. Each day beyond that time a licensee or registrant fails to respond as required bythis subsection shall constitute a separate violation of the act. This subsectionshall not be construed to require the director to send a notice of investigationto a licensee, a registrant, orany person.(6) For the purpose of any investigation, examination, or proceedingunder the act, the director or any officer designated by him or her may administeroaths and affirmations, subpoena witnesses and compel their attendance, takeevidence, and require the production of any books, papers, correspondence,memoranda, agreements, or other documents or records which the director deemsrelevant or material to the inquiry. If any person refuses to comply witha subpoena issued under this section or to testify with respect to any matterrelevant to the proceeding, the district court of Lancaster County may, onapplication of the director, issue an order requiring the person to complywith the subpoena and to testify. Failure to obey an order of the court tocomply 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 withinthe preceding twelve months for the following federal agencies or federallyrelated 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; or(f) The United States Department of Veterans Affairs.(8) In order to carry out the purposes of this section, the directormay:(a) Enter into agreements or relationships with other government officialsor regulatory associations in order to improve efficiencies and reduce theregulatory burden by sharing resources, standardized or uniform methods orprocedures, and documents, records, information, or evidence obtained underthis section;(b) Use, hire, contract, or employ publicly or privately available analyticalsystems, methods, or software to examine or investigate the licensee, registrant, individual, orperson subject to the act;(c) Accept and rely on examination or investigation reports made byother government officials, within or without this state; or(d) Accept audit reports made by an independent certified public accountantfor the licensee, registrant, individual,or person subject to the act in the course of that part of the examinationcovering the same general subject matter as the audit and incorporate theaudit report in the report of the examination, report of investigation, orother writing of the director.(9) If the director receives a complaint or other information concerningnoncompliance with the act by an exempt person, the director shall informthe 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 shallknowingly 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 paidby the licensee or registrant asset forth in sections 8-605 and 8-606.(12) Examination reports shall not be deemed public records and maybe 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 sucha licensee, registrant, individual,or person subject to the Residential Mortgage Licensing Act acts or claimsto act under any licensing or registration law of this state or claims toact without such authority. SourceLaws 1989, LB 272, § 13; Laws 1993, LB 217, § 3; Laws 1995, LB 163, § 5; Laws 2003, LB 218, § 7; Laws 2007, LB124, § 45; R.S.Supp.,2008, § 45-710; Laws 2009, LB328, § 26; Laws 2010, LB892, § 15.