19.146.220 - Director -- Powers and duties -- Violations as separate violations -- Rules. - Washington Statutes

Director — Powers and duties — Violations as separate violations — Rules.

(1) The director may enforce all laws and rules relating to the licensing of mortgage brokers and loan originators, grant or deny licenses to mortgage brokers and loan originators, and hold hearings.

     (2) The director may impose fines or order restitution against licensees or other persons subject to this chapter, or deny, suspend, decline to renew, or revoke licenses for:

     (a) Violations of orders, including cease and desist orders;

     (b) 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;

     (c) Failure to pay a fee required by the director or maintain the required bond;

     (d) Failure to comply with any directive, order, or subpoena of the director; or

     (e) Any violation of this chapter.

     (3) The director may impose fines on an employee, loan originator, independent contractor, or agent of the licensee, or other person subject to this chapter for:

     (a) Any violations of RCW 19.146.0201 (1) through (9) or (13), 19.146.030 through 19.146.080, 19.146.200, *19.146.205(4), or 19.146.265; or

     (b) Failure to comply with any directive or order of the director.

     (4) The director may issue orders directing a licensee, its employee, loan originator, independent contractor, agent, or other person subject to this chapter to cease and desist from conducting business.

     (5) The director may issue 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 of any licensed mortgage broker or any person subject to licensing under this chapter for:

     (a) Any violation of 19.146.0201 (1) through (9) or (13),19.146.030 through 19.146.080, 19.146.200, *19.146.205(4), or19.146.265 ;

     (b) 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;

     (c) Conviction of a gross misdemeanor involving dishonesty or financial misconduct or a felony after obtaining a license; or

     (d) Failure to comply with any directive or order of the director.

     (6) 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.

     (7) The director shall establish by rule standards for licensure of applicants licensed in other jurisdictions.

     (8) The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.

[2006 c 19 § 13. Prior: 1997 c 106 § 12; 1997 c 58 § 879; 1996 c 103 § 1; 1994 c 33 § 12; 1993 c 468 § 8.]

Notes: *Reviser's note: RCW 19.146.205 was amended by 2009 c 528 § 4, changing subsection (4) to subsection (6).

Severability -- 1997 c 106: See note following RCW 19.146.010.

Short title -- Part headings, captions, table of contents not law -- Exemptions and waivers from federal law -- Conflict with federal requirements -- Severability -- 1997 c 58: See RCW 74.08A.900 through 74.08A.904.

Effective dates -- Intent -- 1997 c 58: See notes following RCW 74.20A.320.

Effective date -- 1996 c 103: "This act shall take effect July 1, 1996." [1996 c 103 § 2.]

Adoption of rules -- Severability -- 1993 c 468: See notes following RCW 19.146.0201.

Effective dates -- 1993 c 468: See note following RCW 19.146.200.