A. The following records in the Oklahoma Department of Consumer Credit are designated as public records:

1. All applications for licensure and supporting information with the exception of personal financial records of individual applicants, dates of birth, Social Security numbers, signatures and fingerprints;

2. All records introduced at administrative hearings; and

3. All records related to licensed entities filed in the Office of the Secretary of State.

B. All other records in the Department shall be confidential and not subject to public inspection. However, the Commission on Consumer Credit, Administrator of Consumer Credit or Deputy Administrator may divulge such confidential information with the written approval of the Administrator 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 Administrator 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 Administrator that good cause exists for the disclosure. Either prior to or at the time of any disclosure, the Administrator shall impose such terms and conditions as the Administrator 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.

C. All documents which the Department is required, by any provision of any act administered by the Administrator 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 shall 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 if the Administrator, pursuant to the provisions 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 2019, c. 103, § 3, eff. Nov. 1, 2019.