North Carolina § 78A-45 - Administration of Chapter.

§ 78A-45. Administration of Chapter.

This Chapter shall be administered by the Secretary of State. The Secretary of State as Administrator may delegate all or part of the authority under this Chapter to the Deputy Securities Administrator including, but not limited to, the authority to conduct hearings, make, execute and issue final agency orders and decisions. The Secretary of State may appoint such clerks and other assistants as may from time to time be needed. The Secretary of State may designate one or more hearing officers for the purpose of conducting administrative hearings. It is unlawful for the Administrator or any of his officers or employees to use for personal benefit any information which is filed with or obtained by the Administrator and which is not made public. No provision of this Chapter authorizes the Administrator or any of his officers or employees to disclose any such information except among themselves or when necessary or appropriate in a proceeding or investigation under this Chapter. No provision of this Chapter either creates or derogates from any privilege which exists at common law or otherwise when documentary or other evidence is sought under a subpoena directed to the Administrator or any of his officers or employees. It is the policy of this State that an investor's financial information should be treated as confidential and unavailable for inspection or examination by members of the public under G.S. 132-6. All fees provided for under this Chapter shall be collected by the Administrator and shall be paid over to the State Treasurer to go into the general fund. History (1925, c. 190, ss. 20, 21; 1927, c. 149, ss. 20, 21; 1973, c. 1380; 1983, c. 817, s. 17; 2001-126, s. 9; 2020-74, s. 23(a).) Effect of Amendments. - Session Laws 2020-74, s. 23(a), effective July 1, 2020, added subsection (b1). Opinions of Attorney General Article 3A of Chapter 150B Does Not Restrict or Modify This Section. - Even though the Securities Division is an "occupational licensing agency" within the meaning of G.S. 150B-2 (4b), the provisions of Article 3A of Chapter 150B , G.S. 150B-38 et seq., relating to the procedure for conduct of administrative hearings by occupational licensing agencies, in no way restrict or modify the provisions of G.S. 78A-39(a), (c), (e) and (f), this section or G.S. 78A-46(b). See opinion of the Attorney General to Mr. Stephen M. Wallis, Deputy Securities Administrator (acting), 58 N.C.A.G. 76 (1988).