17-12a607.   Public records; confidentiality.(a) Presumption of public records. Except asotherwise provided in subsection (b), records obtained by theadministrator or filed under this act, including a record containedin or filed with a registration statement, application, noticefiling, or report, are public records and are available for publicexamination in accordance with the open records act.

      (b)   Nonpublic records. The following records are not publicrecords and are not available for public examination undersubsection (a):

      (1)   a record obtained by the administrator in connection withan audit or inspection underK.S.A. 17-12a411(d), and amendmentsthereto,or an investigation underK.S.A. 17-12a602, and amendments thereto;

      (2)   a part of a record filed in connection with a registrationstatement underK.S.A. 17-12a301 and 17-12a303 through 17-12a305,and amendmentsthereto, or a record underK.S.A. 17-12a411(d), and amendmentsthereto,that contains trade secrets or confidential information if theperson filing the registration statement or report has asserted aclaim of confidentiality or privilege that is authorized by law;

      (3)   a record that is not required to be provided to theadministrator or filed under this act and is provided to theadministrator only on the condition that the record will not besubject to public examination or disclosure;

      (4)   a nonpublic record received from a person specified inK.S.A. 17-12a608(a), and amendments thereto; and

      (5)   any social security number, residential address unless usedas a business address, and residential telephone number containedin a record that is filed.

      (c)   Administrator discretion to disclose. If disclosure is forthe purpose of a civil, administrative, or criminal investigation,action, or proceeding or to a person specified inK.S.A. 17-12a608(a), andamendments thereto, the administrator may disclose a record obtainedin connection with an audit or inspection underK.S.A. 17-12a411(d),andamendments thereto, or a record obtained in connection with aninvestigation underK.S.A. 17-12a602, and amendments thereto.

      History:   L. 2004, ch. 154, § 46; July 1, 2005.