Ill. Admin. Code tit. 38 § 325.20

Current through Register Vol. 48, No. 45, November 8, 2024

Section 325.20 - Purpose and Scope

a) Purpose. The purpose of this Part is to establish the procedures and standards by which the Commissioner shall determine whether to disclose confidential supervisory information in response to a request for discovery or disclosure of such information.

b) Scope. This Part applies to requests, whether by subpoena, order, or other judicial or administrative process, for discovery or disclosure of confidential supervisory information prepared or obtained by the Commissioner under the Act, the Electronic Fund Transfer Act, the Corporate Fiduciary Act, the Illinois Bank Holding Company Act of 1957, the Foreign Banking Office Act and any report of examination, visitation or investigation prepared by the state regulatory authority of another state that examines a branch of an Illinois bank in that state. This Part does not apply to:

1) a request made pursuant to the Freedom of Information Act [5 ILCS 140 ] (FOIA), provided that, if the information requested constitutes confidential supervisory information, it shall nonetheless be exempt from disclosure pursuant to Section 7(l)(x) of FOIA;

2) a request made by a party to whom the Commissioner may furnish confidential supervisory information as permitted in Section 48.3 of the Act [205 ILCS 5/48.3] ; or

3) a request made by a party to whom a bank or other financial institution may furnish confidential supervisory information as permitted in Section 48.3(b) of the Act [205 ILCS 5/48.3] .

Ill. Admin. Code tit. 38, § 325.20