§14A-6-117.1. Availability of data to agencies with direct
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supervisory authority.
A. A supervisory agency shall make available to a requesting agency any data obtained or generated by, and in the possession of, the supervisory agency and that the requesting agency deems necessary for review in connection with the supervision of any person over which the requesting agency has direct supervisory authority. However, the requested data must relate to the person, or an affiliate of the person, over which the requesting agency has direct supervisory authority. An agency has direct supervisory authority over a person if such authority is specifically provided by statute, or the agency granted the charter, license or registration of the person, or otherwise granted permission for the person to conduct its business in this state.
B. When a requesting agency and a federal regulatory agency or self-regulatory association have concurrent jurisdiction over a person, a requesting agency may share with such agency or association data received from a supervisory agency. However, the federal regulatory agency or self-regulatory association shall return such shared data to the requesting agency unless the federal regulatory agency or self-regulatory association has obtained approval from the supervisory agency to retain the data. The term "federal regulatory agency" shall not include law enforcement agencies.
C. 1. All data received by a requesting agency from a supervisory agency shall be and shall remain confidential and not open to public inspection, subpoena or any other form of disclosure while in the possession of the requesting agency. Any request for inspection, subpoena or other form of disclosure shall be directed to the supervisory agency from which the data originated and disclosure thereof shall be subject to the laws, rules and policies governing or relating to records of the supervisory agency.
2. The providing of data by a supervisory agency to a requesting agency under this section shall not constitute a waiver of or otherwise affect any privilege or claim of confidentiality that a supervisory agency may claim with respect to such data under any federal laws or laws of this state.
D. A supervisory agency shall not be required to share original documents with a requesting agency. A requesting agency shall
reimburse the supervisory agency for costs associated with providing copies of data to the requesting agency.
E. As used in this section:
1. "Affiliate" means any person that controls, is controlled by or is under common control with another person. A person shall be deemed to have "control" over any person if the person:
a. directly or indirectly or acting through one or more
other persons owns, controls or has power to vote ten
percent (10%) or more of any class of voting
securities of the other person, or
b. controls in any manner the election, appointment or
designation of a majority of the directors, trustees
or other managing officers of the person;
2. "Data" means copies of any documents, reports, examination reports, letters, correspondence, orders, stipulations, memorandums of understanding, agreements or any other records not open for public inspection generated by a supervisory agency or obtained by a supervisory agency from the person it supervises, whether in paper or electronic format. However, data shall not include records that a requesting agency receives from a supervisory agency pursuant to this section;
3. "Requesting agency" means, as applicable, the Oklahoma Department of Consumer Credit, the Oklahoma State Banking Department, the Oklahoma Insurance Department or the Oklahoma Department of Securities that requests from a supervisory agency data relating to a person over which the requesting agency does not have direct supervisory authority;
4. "Supervision" means any examination, assessment, order, stipulation, agreement, report, memorandum of understanding or other regulatory matter or process that a requesting agency is authorized to perform in relation to a person; and
5. "Supervisory agency" means, as applicable, the Oklahoma Department of Consumer Credit, the Oklahoma State Banking Department, the Oklahoma Insurance Department or the Oklahoma Department of Securities that maintains data relating to a person over which the agency has direct supervisory authority. Added by Laws 2019, c. 103, § 4, eff. Nov. 1, 2019.