Md. Code Regs. 09.03.06.28

Current through Register Vol. 51, No. 12, June 14, 2024

Section 09.03.06.28 - Examination of Licensees

A.Definitions.

(1) In this regulation, the following terms have the meanings indicated.

(2) Terms Defined.

(a) "Examination" means the Commissioner's examination of a licensee pursuant to Financial Institutions Article, § 11-515(a), Annotated Code of Maryland.

(b) "Report of examination" means a report issued by the Commissioner or a responsible supervisory agency following the examination of a mortgage lender.

(c) "Responsible supervisory agency" means the supervisory agency of any state primarily responsible for the supervision and examination of mortgage lenders operating in its state.

B.Examinations.

(1) When exercising the Commissioner's authority to examine a licensee, the Commissioner may consider the report of examination for that licensee issued by a responsible supervisory agency, and accept the information contained therein, if:

(a) The responsible supervisory agency issued its report of examination on a date which satisfies the Commissioner's examination schedule for that licensee under Financial Institutions Article, § 11-515(a) (2), Annotated Code of Maryland;

(b) The Commissioner reasonably determines the responsible supervisory agency possesses supervision and examination authority over mortgage lenders operating in that agency's state substantially similar to the supervision and examination authority the Commissioner has over a licensee operating in Maryland;

(c) The Commissioner reasonably determines the responsible supervisory agency has standards for the purposes of examining mortgage lenders that are reasonably equivalent to the requirements of Financial Institutions Article, § 11-501 et seq., Annotated Code of Maryland; and

(d) The Commissioner reviews the report of examination prepared by the responsible supervisory agency and determines the report of examination is in form and scope substantially similar to a report of examination the Commissioner would issue following its examination of the licensee.

(2) The Commissioner's consideration of the report of examination of a responsible supervisory agency pursuant to §B(1) of this regulation does not limit the Commissioner's ability to:

(a) Examine an aspect of the licensee's business not addressed in that report of examination;

(b) Further examine an aspect of the licensee's business addressed in that report of examination;

(c) Request documents or other information from the licensee or otherwise require the licensee to make its books and records available to the Commissioner;

(d) Interview or examine officers, directors, employees, or agents of the licensee;

(e) Take other actions consistent with the examination of a licensee; or

(f) Require the licensee to pay to the Commissioner examination related fees as set forth in Financial Institutions Article, § 11-515(c), Annotated Code of Maryland.

C.Commissioner's Report of Examination.

(1) The Commissioner may adopt, in whole or in part, the report of examination of a responsible supervisory agency the Commissioner considered under §B of this regulation as the Commissioner's report of examination.

(2) The Commissioner may supplement a report of examination of a responsible supervisory agency adopted as the Commissioner's report of examination under §C(1) of this regulation with information the Commissioner considers relevant.

D.Treatment of Report of Examination.

(1) The Commissioner shall treat the report of examination of a responsible supervisory agency the Commissioner considers under §B of this regulation in its examination of a licensee as information obtained in the course of examining that licensee, as set forth in Financial Institutions Article, § 2-117 Annotated Code of Maryland.

(2) A report of examination of a responsible supervisory agency adopted by the Commissioner pursuant to §C of this regulation, together with any information added to that report of examination by the Commissioner, is the Commissioner's report of examination and property of the Commissioner.

(3) Any report of examination of a responsible supervisory agency considered or adopted by the Commissioner pursuant to §B or C of this regulation shall remain subject to the terms and conditions of the agreement under which the responsible supervisory agency shared such report of examination with the Commissioner.

Md. Code Regs. 09.03.06.28

Regulation .28 adopted effective 50:24 Md. R. 1041, eff. 12/11/2023