Section 22105.3 Of Article 3. Licensing From California Financial Code >> Division 9. >> Chapter 1. >> Article 3.
22105.3
. (a) Except as otherwise provided in Section 1512 of the
SAFE Act, the requirements under any federal or state law regarding
the privacy or confidentiality of any information or material
provided to the Nationwide Mortgage Licensing System and Registry,
and any privilege arising under federal or state law, including the
rules of any federal or state court, with respect to that information
or material, shall continue to apply to the information or material
after the information or material has been disclosed to the
Nationwide Mortgage Licensing System and Registry. The information
and material may be shared with all state and federal regulatory
officials with mortgage industry oversight authority without the loss
of privilege or the loss of confidentiality protections provided by
federal or state law.
(b) For these purposes, the commissioner is authorized to enter
agreements or share arrangements with other governmental agencies,
the Conference of State Bank Supervisors, the American Association of
Residential Mortgage Regulators, or other associations representing
governmental agencies as established by rule, regulation, or order of
the commissioner.
(c) Information or material that is subject to a privilege or
confidentiality under subdivision (a) shall not be subject to the
following:
(1) Disclosure under any federal or state law governing the
disclosure to the public of information held by an officer or an
agency of the federal government or the state.
(2) Subpoena or discovery, or admission into evidence, in any
private civil action or administrative process, unless with respect
to any privilege held by the Nationwide Mortgage Licensing System and
Registry with respect to the information or material, the person to
whom the information or material pertains waives, in whole or in
part, in the discretion of the person, that privilege.
(3) This section shall not apply with respect to the information
or material relating to the employment history of, and publicly
adjudicated disciplinary and enforcement actions against, mortgage
loan originators that is included in the Nationwide Mortgage
Licensing System and Registry for access by the public.