California Code of Regulations
Title 10 - Investment
Chapter 3 - Commissioner of Financial Protection and Innovation
Subchapter 11.3 - Debt Collection Licensing Act
Article 2 - Application for Licensure and Related Forms
Section 1850.12 - Challenge Process for Information Entered Into NMLS

Universal Citation: 10 CA Code of Regs 1850.12

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) If an applicant or licensee disputes the accuracy or completeness of any material information entered into and maintained by NMLS, the applicant or licensee may submit a written request to the Commissioner to the attention of the Special Administrator, Debt Collection Licensing Program at DebtCollectionLicensing@dfpi.ca.gov.

(b) The request shall include the applicant or licensee's name, unique identifier, a statement of the alleged inaccuracy or incompleteness of the information entered into NMLS, and its materiality, and provide any proof or corroboration available, including copies of official documents or court orders that support the changes requested by the licensee or applicant.

(c) Upon receipt of the request, the Commissioner shall investigate the request, along with any information provided, and determine whether the information entered into NMLS is correctly reflected.

(d) If the Commissioner determines that the information is materially incorrect, the Commissioner shall request the NMLS record to be corrected.

(e) If the Commissioner denies the allegations of material inaccuracy or incompleteness in the NMLS record, the Commissioner shall notify the licensee or applicant in writing.

(f) Within thirty (30) calendar days from the mailing or service of the Commissioner's decision to the licensee or applicant that the information is not inaccurate or incomplete, the licensee or applicant may request a hearing under the Administrative Procedure Act (Government Code section 11500 et seq.) for a determination of whether material inaccuracy or incompleteness exists in the record.

(g) Upon a hearing, if a material inaccuracy or incompleteness is found in any record, the Commissioner shall, within thirty (30) calendar days of notice of the finding, request NMLS to correct the information.

(h) After a hearing is held pursuant to a request described in subsection (f), judicial review of the decision shall be governed by Section 11523 of the Government Code.

Note: Authority cited: Section 100003, Financial Code. Reference: Section 100015, Financial Code; and Section 11523, Government Code.

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