17-12a607.Public records; confidentiality.
(a) Presumption of public records. Except as
otherwise provided in subsection (b), records obtained by the
administrator or filed under this act, 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 in accordance with the open records act.
(b) Nonpublic records. The following records are not public
records and are not available for public examination under
subsection (a):
(1) a record obtained by the administrator in connection with
an audit or inspection under
K.S.A. 17-12a411(d), and amendments
thereto,
or an investigation under
K.S.A. 17-12a602, and amendments thereto;
(2) a part of a record filed in connection with a registration
statement under
K.S.A. 17-12a301 and 17-12a303 through 17-12a305,
and amendments
thereto, or a record under
K.S.A. 17-12a411(d), and amendments
thereto,
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
administrator or filed under this act and is provided to the
administrator 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
K.S.A. 17-12a608(a), and amendments thereto; and
(5) any social security number, residential address unless used
as a business address, and residential telephone number contained
in a record that is filed.
(c) Administrator discretion to disclose. If disclosure is for
the purpose of a civil, administrative, or criminal investigation,
action, or proceeding or to a person specified in
K.S.A. 17-12a608(a), and
amendments thereto, the administrator may disclose a record obtained
in connection with an audit or inspection under
K.S.A. 17-12a411(d),
and
amendments thereto, or a record obtained in connection with an
investigation under
K.S.A. 17-12a602, and amendments thereto.
17-12a607.Public records; confidentiality.
(a) Presumption of public records. Except as
otherwise provided in subsection (b), records obtained by the
administrator or filed under this act, 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 in accordance with the open records act.
(b) Nonpublic records. The following records are not public
records and are not available for public examination under
subsection (a):
(1) a record obtained by the administrator in connection with
an audit or inspection under
K.S.A. 17-12a411(d), and amendments
thereto,
or an investigation under
K.S.A. 17-12a602, and amendments thereto;
(2) a part of a record filed in connection with a registration
statement under
K.S.A. 17-12a301 and 17-12a303 through 17-12a305,
and amendments
thereto, or a record under
K.S.A. 17-12a411(d), and amendments
thereto,
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
administrator or filed under this act and is provided to the
administrator 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
K.S.A. 17-12a608(a), and amendments thereto; and
(5) any social security number, residential address unless used
as a business address, and residential telephone number contained
in a record that is filed.
(c) Administrator discretion to disclose. If disclosure is for
the purpose of a civil, administrative, or criminal investigation,
action, or proceeding or to a person specified in
K.S.A. 17-12a608(a), and
amendments thereto, the administrator may disclose a record obtained
in connection with an audit or inspection under
K.S.A. 17-12a411(d),
and
amendments thereto, or a record obtained in connection with an
investigation under
K.S.A. 17-12a602, and amendments thereto.
17-12a607.Public records; confidentiality.
(a) Presumption of public records. Except as
otherwise provided in subsection (b), records obtained by the
administrator or filed under this act, 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 in accordance with the open records act.
(b) Nonpublic records. The following records are not public
records and are not available for public examination under
subsection (a):
(1) a record obtained by the administrator in connection with
an audit or inspection under
K.S.A. 17-12a411(d), and amendments
thereto,
or an investigation under
K.S.A. 17-12a602, and amendments thereto;
(2) a part of a record filed in connection with a registration
statement under
K.S.A. 17-12a301 and 17-12a303 through 17-12a305,
and amendments
thereto, or a record under
K.S.A. 17-12a411(d), and amendments
thereto,
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
administrator or filed under this act and is provided to the
administrator 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
K.S.A. 17-12a608(a), and amendments thereto; and
(5) any social security number, residential address unless used
as a business address, and residential telephone number contained
in a record that is filed.
(c) Administrator discretion to disclose. If disclosure is for
the purpose of a civil, administrative, or criminal investigation,
action, or proceeding or to a person specified in
K.S.A. 17-12a608(a), and
amendments thereto, the administrator may disclose a record obtained
in connection with an audit or inspection under
K.S.A. 17-12a411(d),
and
amendments thereto, or a record obtained in connection with an
investigation under
K.S.A. 17-12a602, and amendments thereto.