N.D. Cent. Code § 13-09.1-05

Current through the 2023 Legislative Sessions

Section 13-09.1-05 - Confidentiality

1. Except as otherwise provided in subsection 2, all information or reports obtained by the commissioner from an applicant, licensee, or authorized delegate, and all information contained in or related to an examination, investigation, operating report, or condition report prepared by, on behalf of, or for the use of the commissioner, or financial statements, balance sheets, or authorized delegate information, are confidential and are not subject to disclosure under section 6-01-07.1.

2. The commissioner may disclose information not otherwise subject to disclosure under subsection 1 to representatives of state or federal agencies who promise in a record that they will maintain the confidentiality of the information or where the commissioner finds that the release is reasonably necessary for the protection and interest of the public in accordance with section 6-01-07.1.

3. This section does not prohibit the commissioner from disclosing to the public a list of all licensees or the aggregated financial or transactional data concerning those licensees.

4. Information contained in the records of the department of financial institutions that is not confidential and may be made available to the public either on the department of financial institutions' website, upon receipt by the department of financial institutions of a written request, or in the nationwide system must include:

a. The name, business address, telephone number, and unique identifier of a licensee;

b. The business address of a licensee's registered agent for service;

c. The name, business address, and telephone number of all authorized delegates;

d. The terms of or a copy of any bond filed by a licensee, provided that confidential information, including prices and fees for bond is redacted;

e. Copies of any nonconfidential final orders of the department of financial institutions relating to any violation of this chapter or regulations implementing this chapter; and

5. Imposition of an administrative fine or penalty under this chapter.

N.D.C.C. § 13-09.1-05

Added by S.L. 2023 , ch. 137( SB 2119 ), § 2, eff. 7/1/2023.