Rule 80-12-5-.08 - Public Access to Records(1) The following records in the Department's possession shall be subject to inspection by members of the public: the portion of the SSRs, if any, that have been expressly designated as public on the Department's approved form; final orders; the portion of the charter application that has been expressly designated as public on the charter application from the date the application has been accepted by the Department until ninety (90) days after final disposition has been issued on the application; and the audited financial statement with the auditor's opinion from the annual audit prepared in conformity with Rule 80-12-5-.02.(2) Upon receipt of a written request by an MALPB, the Department is authorized to disclose any records or information provided to it by the MALPB or by another entity on behalf of the MALPB with any entity related to the payment card network notwithstanding the fact that the records or information are otherwise confidential pursuant to Georgia law or the rules of the Department. These authorized disclosures of information, where appropriate, shall be made only if safeguards are in place that are designed to prevent further dissemination of confidential records or information. The Department retains complete discretion to grant or deny a request for the production of records and documents in whole or in part and nothing in this Rule shall be deemed to require that the Department produce any records or information.(3) Any examination reports, reports of investigation or other information in the Department's possession that were obtained from another supervisory or regulatory agency, law enforcement, or the payment card networks shall be treated as the property of the provider. Requests for such information should be made to the provider directly.Ga. Comp. R. & Regs. R. 80-12-5-.08
O.C.G.A. §§ 7-9-3, 7-9-13.
Original Rule entitled "Public Access to Records" adopted. F. Dec. 3, 2013; eff. Dec. 23, 2013.Amended: F. Dec. 20, 2024; eff. Jan. 9, 2025.