The Bank has no discretion. The employees either perform duties that require registration or they do not. So I am not sure of your question. Banks have had to have specific written policies and procedures in place for a number of years which sets forth how the bank determines which employees need to be registered. What do your written policies and procedures say?
§ 1007.104 Policies and procedures.
A covered financial institution that employs one or more mortgage loan originators must adopt and follow written policies and procedures designed to assure compliance with this part. These policies and procedures must be appropriate to the nature, size, complexity, and scope of the mortgage lending activities of the covered financial institution, and apply only to those employees acting within the scope of their employment at the covered financial institution. At a minimum, these policies and procedures must:
(a) Establish a process for identifying which employees of the covered financial institution are required to be registered mortgage loan originators;
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