Ohio § 1322.36

§ 1322.36.

(A)(1) The following information is confidential: (a) Examination information, and any information leading to or arising from an examination; (b) Investigation information, and any information arising from or leading to an investigation. (2) The information described in division (A)(1) of this section shall remain confidential

for all purposes except when it is necessary for the superintendent of financial institutions

to take official action regarding the affairs of a registrant or licensee, or in connection

with criminal or civil proceedings to be initiated by a prosecuting attorney or the

attorney general.  This information may also be introduced into evidence or disclosed when and in the

manner authorized by section 1181.25 of the Revised Code . (B) All application information, except social security numbers, employer identification

numbers, financial account numbers, the identity of the institution where financial

accounts are maintained, personal financial information, fingerprint cards and the

information contained on such cards, and criminal background information, is a public

record as defined in section 149.43 of the Revised Code . (C) This section does not prevent the division of financial institutions from releasing

to or exchanging with other financial institution regulatory authorities information

relating to registrants and licensees.  For this purpose, a “ financial institution regulatory authority ” includes a regulator of a business activity in which a registrant or licensee is

engaged, or has applied to engage in, to the extent that the regulator has jurisdiction

over a registrant or licensee engaged in that business activity.  A registrant or licensee is engaged in a business activity, and a regulator of that

business activity has jurisdiction over the registrant or licensee, whether the registrant

or licensee conducts the activity directly or a subsidiary or affiliate of the registrant

or licensee conducts the activity. (D) The superintendent shall, on a regular basis, report violations of any provision

of this chapter, as well as enforcement actions and other relevant information, to

the nationwide mortgage licensing system and registry. (E)(1) Any confidentiality or privilege arising under federal or state law with respect

to any information or material provided to the nationwide mortgage licensing system

and registry shall continue to apply to the information or material after the information

or material is provided to the nationwide mortgage licensing system and registry.  The information and material so provided may be released to any state or federal

regulatory official with mortgage industry oversight authority without the loss of

confidentiality or privilege protections provided by federal law or the law of any

state.  Information or material described in division (E)(1) of this section to which confidentiality

or privilege applies shall not be subject to any of the following: (a) Disclosure under any federal or state law governing disclosure to the public of information

held by an officer or an agency of the federal government or of the respective state; (b) Subpoena or discovery, or admission into evidence, in any private civil action or

administrative process, unless the person to whom such information or material pertains

waives, in whole or in part and at the discretion of the person, any privilege held

by the nationwide mortgage licensing system and registry with respect to that information

or material. (2) The superintendent, in order to promote more effective regulation and reduce regulatory

burden through supervisory information sharing, may enter into sharing arrangements

with other governmental agencies, the conference of state bank supervisors, and the

American association of residential mortgage regulators. (3) Any state law, including section 149.43 of the Revised Code , relating to the disclosure of confidential supervisory information or any information

or material described in division (A)(1) or (E)(1) of this section that is inconsistent

with this section shall be superseded by the requirements of this section. (F) This section shall not apply with respect to 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. (G) This section does not prevent the division from releasing information relating to

registrants and licensees to the attorney general, to the superintendent of real estate

and professional licensing for purposes relating to the administration of Chapters

4735. and 4763. of the Revised Code, to the superintendent of insurance for purposes

relating to the administration of Chapter 3953. of the Revised Code, to the commissioner

of securities for purposes relating to the administration of Chapter 1707. of the

Revised Code, or to local law enforcement agencies and local prosecutors.  Information the division releases pursuant to this section remains confidential. (H) The superintendent of financial institutions shall, by rule adopted in accordance

with Chapter 119. of the Revised Code, establish a process by which mortgage loan

originators may challenge any information provided to the nationwide mortgage licensing

system and registry by the superintendent.