Wash. Admin. Code § 208-12-100 - Exemptions from public records
(1) All public records of the department are
available for public inspection and copying pursuant to this chapter, unless
the department determines that a requested public record or portion of a public
record is exempt under the provisions of chapter 42.56 RCW or other
statute.
(2) Various statutes
exempt certain records from disclosure including, but not limited to:
(a)
Division of Banks -
Examination reports and information obtained by the department in relation to:
(i) Washington state commercial banks and
their holding companies,
RCW
30A.04.075;
(ii) Washington state savings banks and their
holding companies,
RCW
32.04.220;
(iii) Nondepositary trust companies,
RCW
30B.04.060;
(iv) Agricultural lenders, chapter 31.35
RCW;
(v) Federally guaranteed small
business loan companies, chapter 31.40 RCW; and
(vi) Business development companies,
RCW
31.24.120.
(b)
Division of consumer
services - Information obtained by the department in relation to:
(i) The personal residence address and
telephone number of applicants for a check casher's and seller's license,
RCW
31.45.030(3);
(ii) A trade secret as defined under
RCW
19.108.010 regarding an applicant for or
holder of a check casher's and seller's license,
RCW
31.45.030(3);
(iii) Information or reports obtained by the
department or prepared by, on behalf of, or for the use of the department
regarding money transmitters, currency exchangers, and other money service
businesses subject to licensure by the department,
RCW
19.230.190.
(c)
Division of credit unions -
Examination reports and information obtained by the department in relation to
Washington state-chartered credit unions and credit union service
organizations,
RCW
31.12.565; and
(d)
Division of securities -
Information obtained by the department in relation to:
(i) Investigation of securities offerors,
broker-dealers, and investment advisers,
RCW
21.20.480, 20.20.510, 21.20.-700, and,
especially, 21.20.855;
(ii)
Investigation of commodities offerors or broker-dealers,
RCW
21.30.170;
(iii) Investigation of franchisors and
franchise brokers,
RCW
19.100.242; and
(iv) Investigation of business opportunities
offerors,
RCW
19.110.140.
(3) Other statutory exemptions may cover
records received by the department from another regulatory agency or under
interagency agreement.
(4) Federal
statutes and rules, including regulations of the federal reserve board of
governors, federal deposit insurance corporation, national credit union
administration, consumer financial protection bureau, securities and exchange
commission, and other federal financial regulators implementing the Freedom of
Information Act, at subsection (b)(8) of Title 5, United States Code, Section 552 (5 U.S.C. Sec. 552 (b)(8)), which:
(a)
Exempts from public disclosure examination and investigation information
involving financial institutions that are also subject to regulation by the
department; and
(b) May be more
expansive than or supersede or preempt Washington state law with respect to
public disclosure of such information.
(5) Pursuant to
RCW
42.56.050, 42.56.-070, 42.56.210, 42.56.230,
and 42.56.240, the department reserves its authority to delete identifying
details when it makes available or publishes any public record, if there is
reason to believe that disclosure of such details would be an invasion of
personal privacy. All deletions will be justified in writing.
Notes
Statutory Authority: RCW 43.320.040 and 42.17.250. 96-14-082, § 208-12-100, filed 7/1/96, effective 8/1/96.
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