reglab/housing_qa huggingface dataset:
WA Rev Code § 19.146.218 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.218 - Informal settlement of complaints or enforcement actions—Director's discretion.

RCW 19.146.218 Informal settlement of complaints or enforcement actions—Director's discretion.Except to the extent prohibited by another statute, the director may engage in informal settlement of complaints or enforcement actions including, but not limited to, payment to the department for purposes of financial literacy and education programs authorized under RCW 43.320.150. If any person subject to this chapter makes a payment to the department under this section, the person may not advertise such payment.[ 2012 c 17 § 13.]
WA Rev Code § 19.146.221 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.221 - Action by director—Hearing—Sanction.

RCW 19.146.221 Action by director—Hearing—Sanction.(1) The director may, at his or her discretion, take any action as provided for in this chapter to enforce this chapter. If the person subject to such action does not appear in person or by counsel at the time and place designated for any administrative hearing that may be held on the action then the person shall be deemed to consent to the action. If the person subject to the action consents, or if after hearing the director finds by a preponderance of the evidence that any grounds for sanctions under this chapter exist, then the director may impose any sanction authorized by this chapter.(2) The director may recover the state's costs and expenses for prosecuting violations of this chapter including staff time spent preparing for and attending administrative hearings and reasonable attorneys' fees unless, after a hearing, the director determines no violation occurred.[ 2015 c 229 § 13; 1994 c 33 § 13.]
WA Rev Code § 19.146.223 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.223 - Director—Administration and interpretation.

RCW 19.146.223 Director—Administration and interpretation.The director shall have the power and broad administrative discretion to administer and interpret the provisions of this chapter to fulfill the intent of the legislature as expressed in RCW 19.146.005.[ 1994 c 33 § 2.]
WA Rev Code § 19.146.225 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.225 - Director—Rule-making powers.

RCW 19.146.225 Director—Rule-making powers.In accordance with the administrative procedure act, chapter 34.05 RCW, the director may issue rules under this chapter only for the purpose of governing the activities of licensed mortgage brokers, loan originators, and other persons subject to this chapter.[ 2010 1st sp.s. c 7 § 70; 2006 c 19 § 14; 1994 c 33 § 15; 1993 c 468 § 9.]NOTES:Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.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.
WA Rev Code § 19.146.226 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.226 - Director—Licensing rules and interim procedures.

RCW 19.146.226 Director—Licensing rules and interim procedures.For the purposes of implementing an orderly and efficient licensing process, the director may establish licensing rules and interim procedures for licensing and acceptance of applications. For previously registered or licensed individuals, the director may establish expedited review and licensing procedures.[ 2009 c 528 § 13.]NOTES:Effective date—License requirement—Implementation—2009 c 528: See notes following RCW 19.146.010.
WA Rev Code § 19.146.227 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.227 - Cease and desist order—Action to enjoin and enforce.

RCW 19.146.227 Cease and desist order—Action to enjoin and enforce.Whenever the director determines that the public is likely to be substantially injured by delay in issuing a cease and desist order, the director may immediately issue a temporary cease and desist order. The order may direct the licensee to discontinue any violation of this chapter and take such affirmative action as is necessary to comply with this chapter, may include a summary suspension of the licensee's license, and may order the licensee to immediately cease the conduct of business under this chapter. The order becomes effective at the time specified in the order. Every temporary cease and desist order must include a provision that a hearing will be held, within fourteen days unless otherwise specified in chapter 34.05 RCW, upon request to determine whether the order will become permanent.If it appears that a person has engaged in an act or practice constituting a violation of a provision of this chapter, or a rule or order under this chapter, the director, with or without prior administrative proceedings, may bring an action in the superior court to enjoin the acts or practices and to enforce compliance with this chapter or any rule or order under this chapter. Upon proper showing, injunctive relief or temporary restraining orders must be granted. The director is not required to post a bond in any court proceedings.[ 2015 c 229 § 14; 1994 c 33 § 14.]
WA Rev Code § 19.146.228 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.228 - Fees—Exception.

RCW 19.146.228 Fees—Exception.The director must establish fees sufficient to cover, but not exceed, the costs of administering this chapter. These fees may include:(1) An annual assessment paid by each licensee on or before a date specified by rule;(2) An investigation fee to cover the costs of any investigation of the books and records of a licensee or other person subject to this chapter; and(3) An application fee to cover the costs of processing applications made to the director under this chapter.Mortgage brokers, loan originators, and any person subject to licensing under this chapter must not be charged investigation fees for the processing of complaints when the investigation determines that no violation of this chapter occurred or when the mortgage broker or loan originator provides a remedy satisfactory to the complainant and the director and no order of the director is issued. All moneys, fees, and penalties collected under the authority of this chapter must be deposited into the financial services regulation fund, unless the consumer services account is created as a dedicated, nonappropriated account, in which case all moneys, fees, and penalties collected under this chapter must be deposited in the consumer services account.[ 2015 c 229 § 15; 2009 c 528 § 5; 2006 c 19 § 15; 2001 c 177 § 5; 1997 c 106 § 13; 1994 c 33 § 9.]NOTES:Effective date—License requirement—Implementation—2009 c 528: See notes following RCW 19.146.010.Effective date—2001 c 177: See note following RCW 43.320.080.Severability—1997 c 106: See note following RCW 19.146.010.
WA Rev Code § 19.146.230 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.230 - Administrative procedure act application.

RCW 19.146.230 Administrative procedure act application.The proceedings for denying license applications, issuing cease and desist orders, suspending or revoking licenses, and imposing civil penalties or other remedies issued pursuant to this chapter and any appeal therefrom or review thereof shall be governed by the provisions of the administrative procedure act, chapter 34.05 RCW.[ 1994 c 33 § 16; 1993 c 468 § 10.]NOTES: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.
WA Rev Code § 19.146.233 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.233 - Subpoena authority—Application—Contents—Notice—Fees.

RCW 19.146.233 Subpoena authority—Application—Contents—Notice—Fees.(1) The director or authorized assistants may apply for and obtain a superior court order approving and authorizing a subpoena in advance of its issuance. The application may be made in the county where the subpoenaed person resides or is found, or the county where the subpoenaed documents, records, or evidence are located, or in Thurston county. The application must:(a) State that an order is sought under this section;(b) Adequately specify the documents, records, evidence, or testimony; and(c) Include a declaration made under oath that an investigation is being conducted for a lawfully authorized purpose related to an investigation within the department's authority and that the subpoenaed documents, records, evidence, or testimony are reasonably related to an investigation within the department's authority.(2) When an application under this section is made to the satisfaction of the court, the court must issue an order approving the subpoena. An order under this subsection constitutes authority of law for the agency to subpoena the documents, records, evidence, or testimony.(3) The director or authorized assistants may seek approval and a court may issue an order under this section without prior notice to any person, including the person to whom the subpoena is directed and the person who is the subject of an investigation. An application for court approval is subject to the fee and process set forth in RCW 36.18.012(3).[ 2011 c 93 § 5.]NOTES:Finding—Intent—2011 c 93: See note following RCW 18.44.425.
WA Rev Code § 19.146.237 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.237 - Director—Powers under chapter 19.144 RCW.

RCW 19.146.237 Director—Powers under chapter 19.144 RCW.The director or the director's designee may take such action as provided for in this chapter to enforce, investigate, or examine persons covered by chapter 19.144 RCW.[ 2008 c 108 § 14.]NOTES:Findings—2008 c 108: See RCW 19.144.005.
WA Rev Code § 19.146.240 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.240 - Violations—Claims against bond or alternative.

RCW 19.146.240 Violations—Claims against bond or alternative.(1) The director or any person injured by a violation of this chapter may bring an action against the surety bond or approved alternative of the licensed mortgage broker who committed the violation or who employed or engaged the loan originator who committed the violation.(2)(a) The director or any person who is damaged by the licensee's or its loan originator's violation of this chapter, or rules adopted under this chapter, may bring suit upon the surety bond or approved alternative in the superior court of any county in which jurisdiction over the licensee may be obtained. Jurisdiction shall be exclusively in the superior court. Except as provided in subsection (2)(b) of this section, in the event valid claims of borrowers against a bond or deposit exceed the amount of the bond or deposit, each borrower claimant shall only be entitled to a pro rata amount, based on the amount of the claim as it is valid against the bond or deposit, without regard to the date of filing of any claim or action. If, after all valid borrower claims are paid, valid claims by nonborrower claimants exceed the remaining amount of the bond or deposit, each nonborrower claimant shall only be entitled to a pro rata amount, based on the amount of the claim as it is valid against the bond or deposit, without regard to the date of the filing or any claim or action. A judgment arising from a violation of this chapter or rule adopted under this chapter shall be entered for actual damages and in no case be less than the amount paid by the borrower to the licensed mortgage broker plus reasonable attorneys' fees and costs. In no event shall the surety bond or approved alternative provide payment for any trebled or punitive damages.(b) Borrowers shall be given priority over the director and other persons in distributions in actions against the surety bond. The director and other third parties shall then be entitled to distribution to the extent of their claims as found valid against the remainder of the bond. In the case of claims made by any person or entity who is not a borrower, no final judgment may be entered prior to one hundred eighty days following the date the claim is filed. This provision regarding priority shall not restrict the right of any claimant to file a claim.(3) The remedies provided under this section are cumulative and nonexclusive and do not affect any other remedy available at law.[ 2013 c 30 § 6; 1997 c 106 § 15; 1994 c 33 § 21; 1993 c 468 § 14.]NOTES:Severability—1997 c 106: See note following RCW 19.146.010.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.
WA Rev Code § 19.146.245 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.245 - Violations—Liability.

RCW 19.146.245 Violations—Liability.A licensed mortgage broker is liable for any conduct violating this chapter by the designated broker, a loan originator, or other licensed mortgage broker while employed or engaged by the licensed mortgage broker.[ 1997 c 106 § 16; 1994 c 33 § 22; 1993 c 468 § 15.]NOTES:Severability—1997 c 106: See note following RCW 19.146.010.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.
WA Rev Code § 19.146.250 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.250 - Authority restricted to person named in license—Exceptions.

RCW 19.146.250 Authority restricted to person named in license—Exceptions.No license issued under the provisions of this chapter shall authorize any person other than the person to whom it is issued to do any act by virtue thereof nor to operate in any other manner than under his or her own name except:(1) A licensed mortgage broker may operate or advertise under a name other than the one under which the license is issued by obtaining the written consent of the director to do so; and(2) A broker may establish one or more branch offices under a name or names different from that of the main office if the name or names are approved by the director, so long as each branch office is clearly identified as a branch or division of the main office. Both the name of the branch office and of the main office must clearly appear on the sign identifying the office, if any, and in any advertisement or on any letterhead of any stationery or any forms, or signs used by the mortgage firm on which either the name of the main or branch offices appears.[ 1997 c 106 § 17; 1993 c 468 § 16.]NOTES:Severability—1997 c 106: See note following RCW 19.146.010.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.
WA Rev Code § 19.146.260 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.260 - Registered agent for brokers without physical office in state—Venue.

RCW 19.146.260 Registered agent for brokers without physical office in state—Venue.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 not be effective unless the plaintiff, who may be the director in a suit, action, or proceeding instituted by him or her, no later than the next business day 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.[ 2000 c 171 § 74; 1997 c 106 § 18; 1994 c 33 § 23; 1993 c 468 § 17.]NOTES:Severability—1997 c 106: See note following RCW 19.146.010.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.
WA Rev Code § 19.146.265 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.265 - Branch offices—Fee—Licenses—Rules.

RCW 19.146.265 Branch offices—Fee—Licenses—Rules.A licensee may not maintain more than one place of business under the same license unless:(1) The director approves the licensed mortgage broker's application, made in a form and manner established in rule, to establish one or more branch offices under the same or different name as the main office. The applicant must be in good standing with the department, as defined in rule by the director, and the director must promptly issue a license for each of the branch offices showing the location of the main office and the particular branch; or(2) The place of business is a licensed mortgage loan originator's residence and the licensed mortgage loan originator and licensed sponsoring company comply with state and federal information security requirements and other requirements as provided in this chapter and in rule, consistent with the purposes of this section.[ 2021 c 15 § 4; 2015 c 229 § 16; 1997 c 106 § 19; 1994 c 33 § 24; 1993 c 468 § 18.]NOTES:Severability—1997 c 106: See note following RCW 19.146.010.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.
WA Rev Code § 19.146.320 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.320 - Loan originator license—Not assignable.

RCW 19.146.320 Loan originator license—Not assignable.A loan originator license, or the authority granted under such a license, is not assignable and cannot be transferred, sold, or franchised by contract or any other means.[ 2006 c 19 § 21.]
WA Rev Code § 19.146.325 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.325 - Loan originator license—Test.

RCW 19.146.325 Loan originator license—Test.(1) To obtain a loan originator license, an individual must pass a test developed by the nationwide mortgage licensing system and registry and administered by a test provider approved by the nationwide mortgage licensing system and registry based upon reasonable standards.(2) An individual is not considered to have passed a test unless the individual achieves a test score of not less than seventy-five percent correct answers to questions.(a) An individual may retake a test three consecutive times with each consecutive taking occurring at least thirty days after the preceding test.(b) After failing three consecutive tests, an individual must wait at least six months before taking the test again.(c) A licensed mortgage loan originator who fails to maintain a valid license for a period of five years or longer must retake the test, not taking into account any time during which that individual is a registered mortgage loan originator.(3) This section does not prohibit a test provider approved by the nationwide mortgage licensing system and registry from providing a test at the location of the employer of the loan originator applicant or any subsidiary or affiliate of the employer of the applicant, or any entity with which the applicant holds an exclusive arrangement to conduct the business of a mortgage loan originator.[ 2009 c 528 § 8.]NOTES:Effective date—License requirement—Implementation—2009 c 528: See notes following RCW 19.146.010.
WA Rev Code § 19.146.340 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.340 - Loan originator applicants.

RCW 19.146.340 Loan originator applicants.(1) Each loan originator applicant shall complete at least twenty hours of prelicensing education approved by the nationwide mortgage licensing system and registry. The prelicensing education shall include at least three hours of federal law and regulations; three hours of ethics, which shall include instruction on fraud, consumer protection, and fair lending issues; two hours of training related to lending standards for the nontraditional mortgage product marketplace; and at least two hours of training specifically related to Washington law.(2) A loan originator applicant having successfully completed the prelicensing education requirements approved by the nationwide mortgage licensing system and registry for any state shall be accepted as credit towards completion of prelicensing education requirements in this state.(3) This chapter does not preclude any prelicensing education course, as approved by the nationwide mortgage licensing system and registry, that is provided by the employer of the loan originator applicant or an entity which is affiliated with the applicant by an agency contract, or any subsidiary or affiliate of such an employer or entity. Prelicensing education may be offered either in a classroom, online, or by any other means approved by the nationwide mortgage licensing system and registry.[ 2009 c 528 § 7.]NOTES:Effective date—License requirement—Implementation—2009 c 528: See notes following RCW 19.146.010.