S.D. Codified Laws § 51A-17-55

Current through the 2024 Legislative Session

Section 51A-17-55 - Confidentiality-Disclosure of information

(1) Except as otherwise provided in this section, all information or reports obtained by the director 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 director, or financial statements, balance sheets, or authorized delegate information are confidential and are not subject to disclosure under this state's open records law.

(2) The director may disclose information not otherwise subject to disclosure under this section to representatives of state or federal agencies who promise in a record that they will maintain the confidentiality of the information or where the director finds that the release is reasonably necessary for the protection and interest of the public in accordance with this state's open records law.

(3) This section does not prohibit the director 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 division that is not confidential and may be made available to the public either on the division website, upon receipt by the division of a written request, or in NMLS 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, but not limited to, prices and fees for the bond is redacted; and

(e) Copies of any non-confidential final orders of the division relating to any violation of this chapter or regulations implementing this chapter; and

(f) Imposition of a non-confidential administrative fine or penalty under this chapter.

SDCL 51A-17-55

SL 2024, ch 196, §4.

Added by S.L. 2024, ch. 196,s. 4, eff. 7/1/2024.