WSR 15-13-060
AGENDA
DEPARTMENT OF
FINANCIAL INSTITUTIONS
[Filed June 10, 2015, 1:41 p.m.]
Semi-Annual Agenda for Rules Under Development
July 1 - December 31, 2015
AGENCY ADJUDICATIVE PROCEDURES
Adopt rules under chapter 208-08 WAC, Adjudicative procedures, to modernize the chapter and make it more procedurally efficient. This chapter of rules applies to all divisions within the agency. Additional changes to the rules will be made for need, clarity and consistency, and to guide participants. Examples include a rule to provide for electronic submission of documents; application of the Washington rules of professional conduct to participant behavior; a requirement to provide contact information for represented parties; the administrative law judge's authority under the chapter; expansion of the discovery rule; and a rule on the validity of an unsworn declaration. These rules are beneficial to or requested or supported by the regulated entities, local governments or small businesses that it affects.
DIVISION OF BANKS
Propose and adopt rules to implement the new enabling provisions of Title 30B RCW, Washington Trust Institutions Act ("TIMA"), which is effective January 5, 2015. Rules are necessary to:
o
Further determine, within the discretion authority granted the director under TIMA, which fiduciaries will be subject to a trust company regulation and which will not; and if so, what will be the scope of the regulation for certain miscellaneous but applicable persons. See authority under RCW 30B.04.005(43), 30B.04.020(2), 30B.10.005(3), and 30B.08.080.
o
Establish new requirements for trust company applications and formation, authorized by RCW 30B.08.010.
o
Prudential fiduciary standardsExamination, e.g., M-O-E-C-A (instead of CAMELS). Authorized by chapters 30B.10 and 30B.24 RCW.
o
Prudential standards for supervisory direction, authorized by chapter 30B.46 RCW.
These rules are required by state law.
Amend chapter 208-512 WAC to modernize securities investment standards rules. Section 939A of the Dodd-Frank Act authorized federal banking regulators to eliminate statutory protections for national credit rating agencies associated with investments (i.e., Standard & Poor's, Moody's, and Fitch) and to establish new standards of creditworthiness. In reviewing its compliance with Section 939A of the Dodd-Frank Act, the division of banks identified one or more sections of chapter 208-512 WAC which need modernization to conform to the Dodd-Frank Act and to also assure "parity" for Washington state-chartered banks and savings banks with national banks in relation to securities investment standards. Accordingly, the division of banks is anticipating repealing WAC 208-512-110 through 208-512-117 inclusive, and to propose and adopt a modern, comprehensive set of rules on bank investment standards set forth in a new chapter 208-512B WAC. These rules are beneficial to or requested or supported by regulated entities, and are either required by federal law, or to eliminate rule provisions superseded by more recent state statute.
"Lending limits" rule re: Derivatives & Securities Lending. Decide whether Office of the Comptroller of the Currency (OCC) revisions in this area are necessary to be adopted for Titles 30A and 32 RCW banks, and if so, propose and make amendments to chapter 208-512A WAC. This would be necessary to bring Titles 30A and 32 RCW banks into parity with national banks unless existing state rules would benefit Titles 30A and 32 RCW banks more. These rules are beneficial to or requested or supported by regulated entities.
Propose and adopt rules for a technical cleanup of the existing chapter 208-512 WAC consistent with the rule making to be proposed and adopted above. These rules are beneficial to or requested or supported by regulated entities.
DIVISION OF CONSUMER SERVICES
Consumer loans – Adopt rules under chapter 208-620 WAC to implement chapter 229, Laws of 2015. The amended rules will be based on changes to the law that are technical in nature; make the law more consistent with the companion act, the Mortgage Broker Practices Act; implement the director's license conditioning authority; implement liquidity, operating reserves and tangible net worth requirements for residential loan servicers; and implement a licensing prohibition for a gross misdemeanor involving dishonesty. Additional changes to the rules will be made for need, clarity and consistency, and to guide industry to compliance. These rules are required by federal or state law or required to maintain federally delegated or authorized programs and are beneficial to or requested or supported by the regulated entities, local governments or small businesses that it affects.
Mortgage brokers – Adopt rules under chapter 208-660 WAC to implement chapter 229, Laws of 2015. The amended rules will be based on changes to the law that are technical in nature; make the law more consistent with the companion act, the Consumer Loan Act; and implement the director's license conditioning authority. Additional changes to the rules will be made for need, clarity and consistency, and to guide industry to compliance. These rules are required by federal or state law or required to maintain federally delegated or authorized programs and are beneficial to or requested or supported by the regulated entities, local governments or small businesses that it affects.
Escrow agent registration – Adopt rules under chapter 208-680 WAC to implement chapters 51 and 229, Laws of 2015. The rule amendments would guide the industry in complying with the new requirements under chapter 64.04 RCW when requested to hold and subsequently return earnest money. Additional changes to the rules will be made for need, clarity and consistency, and to guide industry to compliance. These rules are required by federal or state law or required to maintain federally delegated or authorized programs and are beneficial to or requested or supported by the regulated entities, local governments or small businesses that it affects.
Uniform money services – Adopt rules under chapter 208-690 WAC for need, clarity and consistency. Examples include: Clarification of the advertising rules for authorized delegates; more detail provided on the type of information security and data protection processes a licensee must have in place for compliance with federal law; clarification of the permissible investment requirements; information on circumstances triggering a bond increase requirement; and information on the business types that may trigger an increase in security requirement. These rules are beneficial to or requested or supported by the regulated entities, local governments or small businesses that it affects.
Implementation of the mortgage lending fraud prosecution account – Adopt rules under chapter 208-700 WAC to implement chapter 229, Laws of 2015, by making the rules consistent with the changes to the definition of the Mortgage Lending Process and make technical changes. These rules are required by federal or state law or required to maintain federally delegated or authorized programs and are beneficial to or requested or supported by the regulated entities, local governments or small businesses that it affects.
Check cashers and sellers – Adopt rules under chapter 208-630 WAC to implement Laws of 2015 if passed. If the pending legislation does not pass it is likely the agency will not seek to amend the rules. Rules required by federal or state law or required to maintain federally delegated or authorized programs and are beneficial to or requested or supported by the regulated entities, local governments or small businesses that it affects.
DIVISION OF CREDIT UNIONS
Amendments to modernize chapter 208-436 WAC, supervisory approval of credit union investments (last updated in 1996). The amendments will streamline the application process[,] clarify safety and soundness expectations for the increased investment authority in credit union subsidiary organizations as recently amended in SB 5757, and set standards for use of derivatives as a risk mitigation tool for interest rate risks. Rules are beneficial to or requested or supported by the regulated entities, local governments or small businesses that it affects.
DIVISION OF SECURITIES
Amendments to WAC 460-80-140 correcting cross references to federal law. Rules are beneficial to or requested or supported by regulated entities, and the rule needs to be updated to accurately reflect federal law.
Propose new rule in chapter 460-16A WAC to clarify requirements for filing applications to renew securities offering registrations. It would be helpful to put the renewal requirements in rule for those we regulate to have notice of renewal requirements. The requirements include, for example, an updated offering circular, the renewal filing fee specified in RCW 21.20.340, an application marked "renewal," etc. Rules are beneficial to or requested or supported by regulated entities.
Propose new rule in chapter 460-18A WAC to specify notice filing requirements for Reg. A – Tier 2 offerings. The rule is required to maintain filing requirements for these offerings following the adoption of final rules by the Securities and Exchange Commission on March 25, 2015, under the JOBS Act of 2012. These rules are required by federal or state law or required to maintain federally delegated or authorized programs and are beneficial to or requested or supported by the regulated entities, local governments or small businesses that it affects.