Oklahoma § 6-208 - Records of Department - Public inspection – Confidentiality

§ 6-208. Records of Department - Public inspection – Confidentiality

– Electronic storage.

A. The following records in the Oklahoma State Banking

Department are designated as public records:

1. All applications for state bank charters and supporting

information with the exception of personal financial records of

individual applicants;

2. All records introduced at public hearings on bank charter

applications;

3. Information disclosing the failure of a state bank, an outof-state bank and branches of out-of-state banks located in this

state and the reasons therefor;

4. Reports of completed investigations which uncover a shortage

of funds in a bank, an out-of-state bank and branches of out-ofstate banks located in this state, after the reporting of the

shortage to proper authorities by the State Banking Commissioner.

However, nothing in this paragraph shall be construed to mean that

reports prepared by the Department in connection with routine,

special, or conversion examinations of banks, trust companies, or

other entities subject to examination by the Department are public

record;

5. Names of all stockholders and officers of banks, out-ofstate banks, out-of-state bank holding companies, and branches of

out-of-state banks located in this state filed in the office of the

Secretary of State; and

6. Regular financial call reports issued at the time of the

state bank calls.

B. All other records in the Department shall be confidential

and not subject to public inspection. However, the Banking Board,

Oklahoma Statutes - Title 6. Banks and Trust Companies

Commissioner, or Deputy Commissioner may divulge such confidential

information with the written approval of the Commissioner after

receipt of a written request which shall:

1. Specify the record or records to which access is requested;

and

2. Give the reasons for the request. Such records may also be

produced pursuant to a valid judicial subpoena or other legal

process requiring production, if the Commissioner determines that

the records are relevant to the hearing or proceeding and that

production is in the best interests of justice. The records may be

disclosed only after a determination by the Commissioner that good

cause exists for the disclosure. Either prior to or at the time of

any disclosure, the Commissioner shall impose such terms and

conditions as the Commissioner deems necessary to protect the

confidential nature of the record, the financial integrity of any

institution to which the record relates, and the legitimate privacy

interests of any individual named in such records. If any request

is made for a copy of an examination report relating to a state

bank, trust company, savings association, or credit union, the

request must be accompanied by documentation which indicates no

objection by the primary federal regulator having jurisdiction over

the bank, trust company, savings association, or credit union to

which the examination report relates.

C. All documents which the Department is required, by any

provision of the Oklahoma Banking Code or by any other statute or

regulation of this state, to retain or preserve in its possession

may be retained and preserved, in lieu of retention of the original

records or copies, in an electronic format and stored by electronic

imaging or otherwise so that the documents may be later reproduced

as necessary. Any such electronically stored or imaged document or

reproduction shall have the same force and effect as the original

thereof and be admitted in evidence equally with the original.

D. With respect to records of the Department which are

considered public records, and which are subject to the Oklahoma

Open Records Act, the Department may charge a document copying fee

of twenty-five cents ($0.25) per page. With respect to records of

the Department which are not considered public records, the

Department may charge a document copying fee of One Dollar ($1.00)

per page, and when the Commissioner, pursuant to the provisions of

paragraph 2 of subsection B of this section, permits the inspection

or copying of an examination report prepared by the Department, a

minimum fee of One Hundred Dollars ($100.00) shall be charged.

Added by Laws 1965, c. 161, § 208. Amended by Laws 1986, c. 316, §

2, emerg. eff. June 24, 1986; Laws 1994, c. 157, § 3, emerg. eff.

May 6, 1994; Laws 1995, c. 36, § 4, eff. July 1, 1995; Laws 1996, c.

92, § 4, eff. June 1, 1996; Laws 1997, c. 111, § 10, eff. July 1,

Oklahoma Statutes - Title 6. Banks and Trust Companies

1997; Laws 2000, c. 205, § 5, emerg. eff. May 17, 2000; Laws 2002,

c. 67, § 2, eff. Nov. 1, 2002.