North Dakota Code 47-30.2-57 – (1004) Records obtained in examination
1. Records obtained from a private entity for purposes of an examination under this chapter and records, including work papers, compiled by the administrator or the administrator’s agent in the course of conducting an examination under section 47-30.2-55 are subject to the security provisions of sections 47-30.2-71, 47-30.2-72, and 47-30.2-73 and are confidential records. However, the administrator or administrator’s agent may furnish information to the attorney general, other state agencies, a prosecuting official requiring the information for use in the prosecuting official’s official duties, or for legislative investigations under chapter 54-03.2. Confidential information furnished by the administrator or the administrator’s agent to a third party under this section remains confidential while in the possession of the third party. Confidential information received by the administrator or administrator’s agent from a third party under this section remains confidential while in the possession of the administrator or administrator’s agent. The administrator or the administrator’s agent’s final and completed examination reports are records open to the public. The final examination report may not contain confidential documentation or working papers unless one of the exceptions in this section applies.
Terms Used In North Dakota Code 47-30.2-57
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. The records subject to subsection 1:
a. May be used by the board in an action to collect property or otherwise enforce this chapter; b. May be used in a joint examination conducted with or pursuant to agreements with other states, the federal government, or other governmental entities; c. May be disclosed at the discretion of the commissioner, on request, to the person that administers the unclaimed property law of another state for that state’s use in circumstances equivalent to circumstances described in sections 47-30.2-54, 47-30.2-55, 47-30.2-56, 47-30.2-57, 47-30.2-58, 47-30.2-59, 47-30.2-60, 47-30.2-61, and 47-30.2-62. A state to which information is disclosed shall maintain the confidentiality and security of information obtained in a manner substantially equivalent to sections 47-30.2-71, 47-30.2-72, and 47-30.2-73; d. May be required to be produced under section 44-04-18.11; and
e. May be required to be produced by the administrator on request of the person subject to the examination in an administrative or judicial proceeding relating to the property.
3. The administrator or any state employee conducting an examination on the administrator’s behalf are exempt from chapter 6-08.1.