Ga. Comp. R. & Regs. R. 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.
Notes
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