Section 0180-17-.13 - NATIONWIDE MORTGAGE LICENSING SYSTEM AND REGISTRY CHALLENGE PROCESS(1) A person may challenge information entered by the Department of Financial Institutions into the Nationwide Mortgage Licensing System and Registry. A challenge must be made in writing to the Department and addressed to the attention of the Assistant Commissioner for the Compliance Division. The grounds for the challenge shall be limited to a review of the factual accuracy of the information regarding the person's record submitted to the Nationwide Mortgage Licensing System and Registry by the Department. A challenge shall be considered moot if the challenged information is no longer available in the Nationwide Mortgage Licensing System and Registry.(2) The challenge shall include the person's name, unique identifier, and a statement of the alleged inaccuracy of the information entered into the Nationwide Mortgage Licensing System and Registry. The challenge shall include available proof or corroboration that supports the person's challenge, including, but not limited to, certified copies of official documents or court orders.(3) Upon receipt of the challenge, the commissioner shall investigate the challenge, along with any information provided, and determine whether the challenged information entered into the Nationwide Mortgage Licensing System and Registry is factually accurate.(4) The commissioner shall notify the person of the determination within 60 days of the receipt of the written challenge.(5) If the commissioner determines that the information submitted to the Nationwide Mortgage Licensing System and Registry is factually inaccurate, the commissioner shall take prompt steps to correct the information submitted.(6) A person aggrieved by the commissioner's determination regarding a challenge may request a hearing on the question of whether the challenged information is factually accurate. The request for hearing must be in writing within 30 days of the commissioner's determination. If the hearing is timely requested, it shall be conducted under the Uniform Administrative Procedures Act, compiled in Title 4, Chapter 5, and the burden of proving that the challenged information is factually inaccurate is on the person aggrieved by the commissioner's decision regarding the challenge.Tenn. Comp. R. & Regs. 0180-17-.13
Original rule filed May 28, 2010; effective October 29, 2010.Authority:12 U.S.C. § 5107(d)(4); T.C.A. §§ 45-1-107(h), 45-13-103, 45-13-501(a)(1), and 45-13-504.