(1) Any communication or document of an applicant or licensee which is required by:
(a) Law or the regulations of the commission; or
(b) A subpoena issued by the commission to be made or transmitted to the commission or the executive director or his employees,
is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in any civil action.
(2) If such a document or communication contains any information which is privileged, that privilege is not waived or lost because the document or communication is disclosed to the commission or the executive director or his employees.
(3) Notwithstanding the powers granted to the commission and the executive director by this chapter:
(a) The commission, the executive director and his employees shall not release or disclose any privileged information, documents or communications provided by an applicant without the prior written consent of the applicant or licensee or pursuant to a lawful court order after timely notice of the proceedings has been given to the applicant or licensee.
(b) The commission and the executive director shall maintain all privileged information, documents and communications in a secure place accessible only to members of the commission and the executive director and his employees.
(c) The commission shall adopt procedures and regulations to protect the privileged nature of information, documents and communications provided by an applicant or licensee.
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