AN ACT Relating to the
powers of the director to impose fines or sanctions against mortgage brokers;
amending RCW 19.146.220; and providing an effective date.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 19.146.220 and 1994
c 33 s 12 are each amended to read as follows:
(1) The director shall
enforce all laws and rules relating to the licensing of mortgage brokers, grant
or deny licenses to mortgage brokers, and hold hearings.
(2) The director
may impose ((any one or more of)) the following sanctions:
(a) ((Suspend or
revoke licenses,)) Deny applications for licenses((, or impose
penalties upon violators of)) for: (i) Violations of orders, including
cease and desist orders issued under this chapter((. The director may));
or (ii) any violation of RCW 19.146.050 or 19.146.0201(1) through (9);
(b) Suspend or
revoke licenses for:
(i) False statements
or omission of material information on the application that, if known, would
have allowed the director to deny the application for the original license;
(ii) Failure to pay
a fee required by the director or maintain the required bond;
(iii) Failure to
comply with any directive or order of the director; or
(iv) Any violation
of RCW 19.146.050, 19.146.0201 (1) through (9) or (13), 19.146.205(3), or
19.146.265;
(c) Impose
fines((, as established by rule by the director,)) on the licensee,
employee or loan originator of the licensee, or other person subject to this
chapter for:
(i) Any
violations of ((or failure to comply with)) RCW 19.146.0201 (1)
through (9) or (13), 19.146.030 through 19.146.090, 19.146.200, 19.146.205(3),
or 19.146.265; or
(ii) Failure to
comply with any ((lawful)) directive((, order, or requirement))
or order of the director((. Each day's continuance of the violation
or failure to comply is a separate and distinct violation or failure));
(((b))) (d)
Issue ((an)) orders directing a licensee, its employee or loan
originator, or other person subject to this chapter to:
(i) Cease and
desist from conducting business in a manner that is injurious to the public or
violates any provision of this chapter((,)); or ((to))
(ii) Pay
restitution to an injured borrower; or
(((c))) (e)
Issue ((an)) orders removing from office or prohibiting from
participation in the conduct of the affairs of a licensed mortgage broker, or
both, any officer, principal, employee, or loan originator((, as the case
may be,)) of any licensed mortgage broker or any person subject to
licensing under this chapter for:
(i) Any violation of
19.146.0201 (1) through (9) or (13), 19.146.030 through 19.146.090, 19.146.200,
19.146.205(3), or 19.146.265; or
(ii) False
statements or omission of material information on the application that, if
known, would have allowed the director to deny the application for the original
license;
(iii) Conviction of
a gross misdemeanor involving dishonesty or financial misconduct or a felony
after obtaining a license; or
(iv) Failure to
comply with any directive or order of the director.
(((2) The director
may take those actions specified in subsection (1) of this section if the
director finds any of the following:
(a) The licensee has
failed to pay a fee due the state of Washington under this chapter or, to
maintain in effect the bond or approved alternative required under this
chapter; or
(b) The licensee,
employee or loan originator of the licensee, or person subject to the license
requirements or prohibited practices of this chapter has failed to comply with
any specific order or demand of the director lawfully made and directed to the
licensee, employee, or loan originator of the licensee in accordance with this
chapter; or
(c) The licensee,
its employee or loan originator, or other person subject to this chapter has
violated any provision of this chapter or a rule adopted under this chapter; or
(d) The licensee
made false statements on the application or omitted material information that,
if known, would have allowed the director to deny the application for the
original license.))
(3) Each day's
continuance of a violation or failure to comply with any directive or order of
the director is a separate and distinct violation or failure.
(4) The director
shall establish by rule standards for licensure of applicants licensed in other
jurisdictions. 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 which arises under this chapter or any rule or order under this
chapter, with the same force and validity as if served personally on the
licensed mortgage broker. Service upon the registered agent shall be effective
if the plaintiff, who may be the director in a suit, action, or proceeding
instituted by him or her, sends notice of the service and a copy of the process
by registered mail to the defendant or respondent at the last address of the
respondent or defendant on file with the director. In any judicial action,
suit, or proceeding arising under this chapter or any rule or order adopted under
this chapter between the department or director and a licensed mortgage broker
who does not maintain a physical office in this state, venue shall be
exclusively in the superior court of Thurston county.
NEW SECTION. Sec.
2. This act shall take
effect July 1, 1996.
