Rule 80-11-1-.05 - Employee Background Checks; Covered Employees(1) As required by O.C.G.A. § 7-1-1004(l), applicants and licensees must complete background checks on all covered employees as defined in O.C.G.A. § 7-1-1000(5.1). Background checks on all covered employees must be completed and found satisfactory by an applicant prior to the issuance of a license and by a licensee prior to the initial date of l hire of such covered employee. In the event the job responsibilities of an employee change so that the employee satisfies the covered employee definition in O.C.G.A. § 7-1-1000(5.1), the required background check must be completed and found satisfactory prior to the change in job responsibilities.(2) The term "access to residential mortgage loan origination, processing, or underwriting information" in O.C.G.A. § 7-1-1000(5.1), shall mean any prospective borrower's personal electronic or printed information and documents, including but not limited to bank statements, W-2 forms, income tax returns, employment records, and other personal financial information required to be submitted in the course of making an application for a mortgage loan. It also includes access to documents maintained and generated by the licensee in the course of the application and administration of the mortgage loan, including but not limited to electronic or printed/written information on the mortgagor and their loan, including personal and loan database information, payments and payment history information, past due reports and schedules, coupon books, information generated for tax purposes, including escrow information, and any other information generated which would include the financial and loan history of the mortgagor. Documents would also include computer displays of personal and mortgage loan information on an individual borrower or client which may be disseminated by the licensee's personnel in the course of verifying information for customers and other business related inquiries.(3) Pursuant to O.C.G.A. § 7-1-1004(l), applicants and licensees shall conduct criminal background checks by utilizing a commercial entity. The commercial entity shall be in the business of conducting criminal background checks. The criminal background checks conducted by the commercial entity must not have any time period limitations, geographic limitations, or other restrictions in the search criteria, unless the time period limitation, geographic limitation, or other restriction on the background checks is required by applicable federal or state law. Any fees charged by the commercial entity for conducting background checks must be paid by the applicant or licensee.Ga. Comp. R. & Regs. R. 80-11-1-.05
O.C.G.A. §§ 7-1-61, 7-1-1004, 7-1-1012.
Original Rule entitled "Licensing Requirements" adopted. F. Dec. 6, 1999; eff. Dec. 26, 1999.Repealed: F. June 8, 2000; eff. June 28, 2000.Amended: New Rule entitled "Employee Background Checks; Covered Employees" adopted. F. July 28, 2003; eff. August 17, 2003.Amended: F. Sept. 1, 2004; eff. Sept. 21, 2004.Amended: F. Aug. 15, 2005; eff. Sept. 4, 2005.Amended: F. Aug. 22, 2006; eff. Sept. 11, 2006.Amended: F. Aug. 15, 2007; eff. Sept. 4, 2007.Amended: F. Aug. 17, 2009; eff. Sept. 6, 2009.Amended: F. Aug. 2, 2011; eff. Aug. 22, 2011.Amended: F. July 7, 2022; eff. July 27, 2022.Amended: F. July 7, 2023; eff. July 27, 2023.