WSR 09-03-002

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

FINANCIAL INSTITUTIONS
(Division of Consumer Services)

[ Filed January 7, 2009, 2:01 p.m. ]

     Subject of Possible Rule Making: Amending the rules (chapter 208-660 WAC) under the Mortgage Broker Practices Act (chapter 19.146 RCW) to implement the brief adjudicative proceedings (BAP) process (chapter 34.05 RCW) for more categories of department actions.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 43.320 RCW.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The BAP process is an alternative process under the Administrative Procedure Act (APA) for appealing agency actions. The BAP process is currently available to loan originators on licensing decisions. This rule making would allow the BAP process for more categories of agency actions.

     Process for Developing New Rule:       Negotiated rule making.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Elizabeth Stancil, Division of Consumer Services, P.O. Box 41200, Olympia, WA 98504-1200, (360) 902-8786, estancil@dfi.wa.gov, DFI web site (www.dfi.wa.gov), ListServ subscription.

January 7, 2009

Deborah Bortner, Director

Division of Consumer Services

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