645B.090 - Records of Commissioner: General provisions governing public inspection, confidentiality and disclosure of information relating to investigations, examinations, disciplinary actions and cer

645B.090  Records of Commissioner: General provisions governing public inspection, confidentiality and disclosure of information relating to investigations, examinations, disciplinary actions and certain investments in promissory notes secured by liens on real property.

      1.  Except as otherwise provided in this section or by specific statute, all papers, documents, reports and other written instruments filed with the Commissioner pursuant to this chapter are open to public inspection.

      2.  Except as otherwise provided in subsection 3, the Commissioner may withhold from public inspection or refuse to disclose to a person, for such time as the Commissioner considers necessary, any information that, in the Commissioner’s judgment, would:

      (a) Impede or otherwise interfere with an investigation or examination that is currently pending against a mortgage broker;

      (b) Have an undesirable effect on the welfare of the public; or

      (c) Reveal personal information in violation of NRS 239B.030.

      3.  Except as otherwise provided in NRS 645B.092, the Commissioner shall disclose the following information concerning a mortgage broker to any person who requests it:

      (a) The findings and results of any investigation which has been completed during the immediately preceding 5 years against the mortgage broker pursuant to the provisions of this chapter and which has resulted in a finding by the Commissioner that the mortgage broker committed a violation of a provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner;

      (b) The nature of any disciplinary action that has been taken during the immediately preceding 5 years against the mortgage broker pursuant to the provisions of this chapter; and

      (c) If the mortgage broker makes or offers for sale in this State any investments in promissory notes secured by liens on real property:

             (1) Any information in the possession of the Commissioner regarding the present and past ownership and management structure of the mortgage broker; and

             (2) The findings and results of:

                   (I) All examinations or investigations of the mortgage broker conducted pursuant to NRS 645B.060 during the immediately preceding 5 years, including, without limitation, annual or biennial examinations of the mortgage broker conducted pursuant to NRS 645B.060, including, without limitation, the rating for each annual or biennial examination and an explanation of the standards for determining that rating; and

                   (II) Any other examination or audit, investigation or hearing which has been completed during the immediately preceding 3 years against the mortgage broker pursuant to the provisions of this chapter.

      (Added to NRS by 1973, 1543; A 1983, 1704; 1987, 1880; 1999, 3786; 2003, 3469; 2009, 1450)