[§485A-608]  Public records;
confidentiality.  (a)  Except as otherwise provided in subsection (b) or
chapter 92F, records obtained by the commissioner or filed under this chapter,
including a record contained in or filed with a registration statement, application,
notice filing, or report, are public records and are available for public
examination.



(b)  The following
records are not public records and are not available for public examination
under subsection (a):



(1)  A record obtained by the commissioner in
connection with an audit or inspection under section 485A-411(d) or an
investigation under section 485A-602;



(2)  A part of a record filed in connection with a
registration statement under sections 485A-301 and 485A-303 to 485A-305, or a
record under section 485A-411(c) that contains trade secrets or confidential
information if the person filing the registration statement or report has
asserted a claim of confidentiality or privilege that is authorized by law;



(3)  A record that is not required to be provided to
the commissioner or filed under this chapter and is provided to the
commissioner only on the condition that the record will not be subject to
public examination or disclosure;



(4)  A nonpublic record received from a person
specified in section 485A-602(g);



(5)  Any social security number, residential address
unless used as a business address, and residential telephone number unless used
as a business telephone number, contained in a record that is filed; and



(6)  A record obtained by the commissioner through a
designee of the commissioner that a rule or order under this chapter determines
has been:



(A)  Expunged from the commissioner's records
by the designee; or



(B)  Determined to be nonpublic or
nondisclosable by that designee if the commissioner finds the determination to
be in the public interest and for the protection of investors.



(c)  If disclosure is for the purpose of a
civil, administrative, or criminal investigation, action, or proceeding or to a
person specified in section 485A-602(g), the commissioner may disclose a record
obtained in connection with an audit or inspection under section 485A-411(d) or
a record obtained in connection with an investigation under section 485A-602.
[L 2006, c 229, pt of §1]