State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter8 > 8-112

8-112. Director of Bankingand Finance; records required; list of borrowers; disclosures prohibited;confidential records.(1) The director shall keep,as records of his or her office, proper books showing all acts, matters, andthings done under the jurisdiction of the department. Neither the directornor anyone connected with the department shall in any instance disclose thename of any depositor or debtor of any financial institution or other entityregulated by the department or the amount of his or her deposit or debt toanyone, except insofar as may be necessary in the performance of his or herofficial duty, except that the department may maintain a record of borrowersfrom the financial institutions in this state and may give information concerningthe total liabilities of any such borrowers to any financial institution owningobligations of such borrowers.(2) Examination reports, investigation reports, and documentsand information relating to such reports are confidential records of the departmentand may be released or disclosed only (a) insofar as is necessary in the performanceof the official duty of the department or (b) pursuant to a properly issuedsubpoena to the department andupon entry of a protective order from a court of competent jurisdiction toprotect and keep confidential the names of borrowers or depositors or to protectthe public interest.(3) Examination reports, investigationreports, and documents and information relating to such reports remain confidentialrecords of the department, even if such examination reports, investigationreports, and documents and information relating to such reports are transmittedto a financial institution or other entity regulated by the department whichis the subject of such reports or documents and information, and may not beotherwise released or disclosed by any such financial institution or otherentity regulated by the department.(4) The restrictions listed in subsections(2) and (3) of this section shall also apply to any representative or agentof the financial institution or other entity regulated by the department.(5) If examination reports,investigation reports, or documents and information relating to such reportsare subpoenaed from the department, the party issuing the subpoena shall givenotice of the issuance of such subpoena at least three business days in advanceof the entry of a protective order to the financial institution or other entity regulated by the department whichis the subject of such reports or documents and information, unless the financialinstitution or other entityregulated by the department is already a party to the underlyingproceeding or unless such notice is otherwise prohibited by law or by courtorder. SourceLaws 1923, c. 191, § 35, p. 457; Laws 1929, c. 38, § 18, p. 166; C.S.1929, § 8-119; Laws 1933, c. 18, § 14, p. 142; C.S.Supp.,1941, § 8-119; R.S.1943, § 8-116; Laws 1963, c. 29, § 12, p. 138; Laws 1987, LB 2, § 1; Laws 1996, LB 1053, § 3; Laws 1997, LB 137, § 2; Laws 1999, LB 396, § 6; Laws 2009, LB327, § 3.