Section 645F.966 - Records of Commissioner: General provisions governing public inspection, confidentiality and disclosure of information relating to investigations, examinations and disciplinary actions1. Except as otherwise provided in the Nevada Mortgage Servicer Regulations or by specific statute, all papers, documents, reports and other written instruments filed with the Commissioner pursuant to chapter 645F of NRS and the Nevada Mortgage Servicer Regulations are public records and open to public inspection. Notwithstanding the foregoing, the Commissioner may withhold from public inspection or refuse to disclose to a person, for such time as the Commissioner considers necessary, any information that, in the Commissioner's judgment, would: (a) Impede or otherwise interfere with an investigation or examination that is currently pending against a mortgage servicer;(b) Have an undesirable effect on the welfare of the public or result in an unfair competitive advantage in the mortgage industry; or(c) Reveal personal information in violation of NRS 239B.030.2. Information obtained during an examination or investigation conducted pursuant to chapter 645F of NRS and the Nevada Mortgage Servicer Regulations is confidential and may not be available for public inspection or copying, or divulged to any person, except as provided in this section. The information may be disclosed: (a) To the Attorney General.(b) To any regulatory agency.(c) In connection with an enforcement action brought pursuant to chapter 645F of NRS and the Nevada Mortgage Servicer Regulations or another applicable statute or regulation.(d) To a law enforcement official.(e) To persons authorized by a court of competent jurisdiction to receive the information.3. Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Commissioner, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order, including all documents, records, information and testimony relied upon in the order, unless otherwise entered under protective order or confidential under chapter 645F of NRS and the Nevada Mortgage Servicer Regulations, are public records.5. Notwithstanding subsections 2 and 3 and except as otherwise provided by applicable law, the Commissioner may disclose any information, documents or records in his or her possession or control to the public if, in the Commissioner's discretion, the Commissioner determines that such information is in the public interest.Nev. Admin. Code § 645F.966
Added to NAC by Comm'r of Mortgage Lending by R120-15, effective upon the later of 1/1/2016 or the date this regulation is filed with the Secretary of State.NRS 645F.255 and section 86.4 of Assembly Bill No. 480, chapter 477, Statutes of Nevada 2015, at page 2806