# Tenn. Code Ann. § 45-12-125: Disclosure and sharing of information and material provided to multi-state automated licensing system

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-125

## Section

- **Citation:** Tenn. Code Ann. § 45-12-125
- **Heading:** Disclosure and sharing of information and material provided to multi-state automated licensing system
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 45 / Chapter 12 / Section 45-12-125

## Text

(a) In order to promote more effective regulation and reduce regulatory burden through supervisory information sharing: (1) The requirements under any federal or state law regarding the privacy or confidentiality of any information or material provided to a multi-state automated licensing system, and any privilege arising under federal or state law, including the rules of any federal or state court with respect to such information or material, shall continue to apply to the information or material after the information or material has been disclosed to a multi-state automated licensing system. The information or material may be shared with all state and federal regulatory officials with consumer credit oversight authority without the loss of privilege or the loss of confidentiality protections provided by federal or state law, including the protection available under § 45-1-120 ; (2) For purposes of subdivision (a)(1), the commissioner is authorized to enter into agreements or sharing agreements with other governmental agencies, the Conference of State Bank Supervisors, or other associations representing governmental agencies as established by rule or order of the commissioner; (3) Information or material that is subject to a privilege or confidential under subdivision (a)(1) shall not be subject to: (A) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or any agency of the federal government or the respective state; or (B) Subpoena, discovery, or admission into evidence in any private civil action or administrative process, unless with respect to any privilege held by a multi-state automated licensing system applicable to such information or material, the person to whom such information or material pertains waives that privilege, in whole or in part, in the discretion of such person; (4) This section shall supersede any inconsistent provisions of title 10, chapter 7, part 5 pertaining to the records open to public inspection; and (5) This section shall not apply with respect to information or material relating to publicly adjudicated disciplinary and enforcement actions against persons subject to this chapter that is included in a multi-state automated licensing system for access by the public. (b) Notwithstanding any other provision in this chapter, the commissioner shall not use a multi-state automated licensing system for sharing any federal bureau of investigation criminal history background information, unless authorized to do so by the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 ( 12 U.S.C. §§ 5101 - 5116 ), as amended, or other federal law. Amended by 2015 Tenn. Acts, ch. 438, s 3, eff. 5/18/2015. Added by 2014 Tenn. Acts, ch. 969,s 1, eff. 1/1/2015.
(a) In order to promote more effective regulation and reduce regulatory burden through supervisory information sharing: (1) The requirements under any federal or state law regarding the privacy or confidentiality of any information or material provided to a multi-state automated licensing system, and any privilege arising under federal or state law, including the rules of any federal or state court with respect to such information or material, shall continue to apply to the information or material after the information or material has been disclosed to a multi-state automated licensing system
nfidentiality of any information or material provided to a multi-state automated licensing system, and any privilege arising under federal or state law, including the rules of any federal or state court with respect to such information or material, shall continue to apply to the information or material after the information or material has been disclosed to a multi-state automated licensing system. The information or material may be shared with all state and federal regulatory officials with consumer credit oversight authority without the loss of privilege or the loss of confidentiality protections provided by federal or state law, including the protection available under § 45-1-120 ; (2) For purposes of subdivision (a)(1), the commissioner is authorized to enter into agreements or sharing agreements with other governmental agencies, the Conference of State Bank Supervisors, or other associations representing governmental agencies as established by rule or order of the commissioner; (3) Information or material that is subject to a privilege or confidential under subdivision (a)(1) shall not be subject to: (A) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or any agency of the federal government or the respective state; or (B) Subpoena, discovery, or admission into evidence in any private civil action or administrative process, unless with respect to any privilege held by a multi-state automated licensing system applicable to such information or material, the person to whom such information or material pertains waives that privilege, in whole or in part, in the discretion of such person; (4) This section shall supersede any inconsistent provisions of title 10, chapter 7, part 5 pertaining to the records open to public inspection; and (5) This section shall not apply with respect to information or material relating to publicly adjudicated disciplinary and enforcement actions against persons subject to this chapter that is included in a multi-state automated licensing system for access by the public.
(1) The requirements under any federal or state law regarding the privacy or confidentiality of any information or material provided to a multi-state automated licensing system, and any privilege arising under federal or state law, including the rules of any federal or state court with respect to such information or material, shall continue to apply to the information or material after the information or material has been disclosed to a multi-state automated licensing system. The information or material may be shared with all state and federal regulatory officials with consumer credit oversight authority without the loss of privilege or the loss of confidentiality protections provided by federal or state law, including the protection available under § 45-1-120 ;
(2) For purposes of subdivision (a)(1), the commissioner is authorized to enter into agreements or sharing agreements with other governmental agencies, the Conference of State Bank Supervisors, or other associations representing governmental agencies as established by rule or order of the commissioner;
tections provided by federal or state law, including the protection available under § 45-1-120 ;
(2) For purposes of subdivision (a)(1), the commissioner is authorized to enter into agreements or sharing agreements with other governmental agencies, the Conference of State Bank Supervisors, or other associations representing governmental agencies as established by rule or order of the commissioner;
(3) Information or material that is subject to a privilege or confidential under subdivision (a)(1) shall not be subject to: (A) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or any agency of the federal government or the respective state; or (B) Subpoena, discovery, or admission into evidence in any private civil action or administrative process, unless with respect to any privilege held by a multi-state automated licensing system applicable to such information or material, the person to whom such information or material pertains waives that privilege, in whole or in part, in the discretion of such person;
(A) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or any agency of the federal government or the respective state; or
(B) Subpoena, discovery, or admission into evidence in any private civil action or administrative process, unless with respect to any privilege held by a multi-state automated licensing system applicable to such information or material, the person to whom such information or material pertains waives that privilege, in whole or in part, in the discretion of such person;
(4) This section shall supersede any inconsistent provisions of title 10, chapter 7, part 5 pertaining to the records open to public inspection; and
(5) This section shall not apply with respect to information or material relating to publicly adjudicated disciplinary and enforcement actions against persons subject to this chapter that is included in a multi-state automated licensing system for access by the public.
(b) Notwithstanding any other provision in this chapter, the commissioner shall not use a multi-state automated licensing system for sharing any federal bureau of investigation criminal history background information, unless authorized to do so by the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 ( 12 U.S.C. §§ 5101 - 5116 ), as amended, or other federal law.
Amended by 2015 Tenn. Acts, ch. 438, s 3, eff. 5/18/2015.
Added by 2014 Tenn. Acts, ch. 969,s 1, eff. 1/1/2015.

## Nearby sections

- [Tenn. Code Ann. § 45-12-101 Short title](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-101.md)
- [Tenn. Code Ann. § 45-12-102 Chapter definitions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-102.md)
- [Tenn. Code Ann. § 45-12-103 License required to engage in business of making flex loans - Designation of agent for service of process by nonresident licensees](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-103.md)
- [Tenn. Code Ann. § 45-12-104 Qualifications for licensure - Continuing nature](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-104.md)
- [Tenn. Code Ann. § 45-12-105 Contents of written application for license](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-105.md)
- [Tenn. Code Ann. § 45-12-106 Application requirements](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-106.md)
- [Tenn. Code Ann. § 45-12-107 Investigation of applicants - Issuance of license - Posting of license - Term of license](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-107.md)
- [Tenn. Code Ann. § 45-12-108 Denial of application - Hearing](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-108.md)
- [Tenn. Code Ann. § 45-12-109 Expiration of license - Renewal - Fees - Biennial license arrangement - Criminal history records check](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-109.md)
- [Tenn. Code Ann. § 45-12-110 License nontransferable and nonassignable - Change in control of licensee - Notification to department of change in place of business](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-110.md)
- [Tenn. Code Ann. § 45-12-111 Interest, fees, and charges](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-111.md)
- [Tenn. Code Ann. § 45-12-112 Licensee to provide to prospective customers written explanation of interest, fees, and charges - Requirements for account-opening statement - Billing statements](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-112.md)
- [Tenn. Code Ann. § 45-12-113 Books, accounts and records - Limitations and requirements applicable to operation of business of making flex loans](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-113.md)
- [Tenn. Code Ann. § 45-12-114 Law applicable to business of making flex loans - Licensees legally exercising powers under this chapter not in violation of statutory provisions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-125. Check the current official text before relying on it. Not legal advice.
