Kentucky Statutes 286.8-150 – Records filed with commissioner open to public inspection — Exception
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(1) (a) Except as otherwise provided by law, applications for registration or renewals and all papers, documents, reports, and other written instruments filed with the commissioner under this subtitle, or obtained pursuant to an examination by the department, shall be open to public inspection, except that the commissioner pursuant to the provisions of KRS Chapter 61 may classify as confidential or withhold from public inspection, for such time as he or she considers necessary, any information which, in his or her judgment, the public welfare or the welfare of any licensee or registrant or its customers requires to be so withheld.
(b) All investigations and information contained therein shall not be public until such time as the commissioner makes all or part of the investigation public or the investigation is closed.
(2) The commissioner may classify as confidential certain records and information obtained by the department when such matters are obtained from the Nationwide Multistate Licensing System and Registry or from a governmental agency.
(3) The commissioner may classify as confidential and prohibit the disclosure of any request for documents or records submitted pursuant to KRS § 286.8-180, for such time as deemed necessary if, in the commissioner’s judgment, the disclosure of said request for documents or records may:
(a) Impede or interfere with an ongoing investigation conducted pursuant to KRS
286.8-140; or
(b) Cause the destruction or secretion of documents by the targeted party.
(4) Notwithstanding any provision to the contrary in this subtitle or in KRS Chapter 61, any information, documents, or material provided to or obtained from the Nationwide Multistate Licensing System and Registry shall be subject to the confidentiality requirements set forth in Section 1512 of the S.A.F.E. Mortgage Licensing Act, 12 U.S.C. § 5111, and amendments thereto.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 125, sec. 9, effective July 14, 2022. — Amended
2010 Ky. Acts ch. 24, sec. 780, effective July 15, 2010. — Amended 2009 Ky. Acts ch. 104, sec. 11, effective June 25, 2009. — Created 1980 Ky. Acts ch. 365, sec. 16, effective July 15, 1980.
Formerly codified as KRS § 294.150.
Legislative Research Commission Note (7/12/2006). In accordance with 2006 Ky. Acts ch. 247, secs. 38 and 39, this statute has been renumbered as a section of the Kentucky Financial Services Code, KRS Chapter 286, and KRS references within this statute have been adjusted to conform with the 2006 renumbering of that code.
(b) All investigations and information contained therein shall not be public until such time as the commissioner makes all or part of the investigation public or the investigation is closed.
Terms Used In Kentucky Statutes 286.8-150
- Commissioner: means the commissioner of the Department of Financial
Institutions. See Kentucky Statutes 286.1-010 - Department: means the Department of Financial Institutions. See Kentucky Statutes 286.1-010
- Licensee: means a person to whom a license has been issued. See Kentucky Statutes 286.8-010
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Registrant: means a person to whom a registration has been issued. See Kentucky Statutes 286.8-010
- Statute: A law passed by a legislature.
(2) The commissioner may classify as confidential certain records and information obtained by the department when such matters are obtained from the Nationwide Multistate Licensing System and Registry or from a governmental agency.
(3) The commissioner may classify as confidential and prohibit the disclosure of any request for documents or records submitted pursuant to KRS § 286.8-180, for such time as deemed necessary if, in the commissioner’s judgment, the disclosure of said request for documents or records may:
(a) Impede or interfere with an ongoing investigation conducted pursuant to KRS
286.8-140; or
(b) Cause the destruction or secretion of documents by the targeted party.
(4) Notwithstanding any provision to the contrary in this subtitle or in KRS Chapter 61, any information, documents, or material provided to or obtained from the Nationwide Multistate Licensing System and Registry shall be subject to the confidentiality requirements set forth in Section 1512 of the S.A.F.E. Mortgage Licensing Act, 12 U.S.C. § 5111, and amendments thereto.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 125, sec. 9, effective July 14, 2022. — Amended
2010 Ky. Acts ch. 24, sec. 780, effective July 15, 2010. — Amended 2009 Ky. Acts ch. 104, sec. 11, effective June 25, 2009. — Created 1980 Ky. Acts ch. 365, sec. 16, effective July 15, 1980.
Formerly codified as KRS § 294.150.
Legislative Research Commission Note (7/12/2006). In accordance with 2006 Ky. Acts ch. 247, secs. 38 and 39, this statute has been renumbered as a section of the Kentucky Financial Services Code, KRS Chapter 286, and KRS references within this statute have been adjusted to conform with the 2006 renumbering of that code.