Okla. Admin. Code § 735:80-1-5

Current through Vol. 42, No. 6, December 2, 2024

Section 735:80-1-5 - Confidentiality of reports, records and files in the administration of the Uniform Unclaimed Property Act

(a) OST shall consider confidential, reports filed by holders, the names of holders that have been audited, records and files of holders, and information secured therefrom, created by, received by, or coming into the custody of OST as a result of any audit, any protests filed by holders to examination findings, claimants' applications and information discovered by OST concerning claims and claimants. Any information submitted by a claimant, which is required to be submitted to the State Treasurer to establish a claim, may be kept confidential by the State Treasurer if it contains personal financial information of the claimant, social security numbers, birth certificates or similar documents related to the parentage of an individual, or any other document which is confidential by statute if in the custody of another public agency or person. [60:674]

(b) Confidential information relating to a particular item of property may be disclosed to a claimant who has demonstrated probable entitlement to the property, or to any person possessing an executed power of attorney from such claimant.

(c) Confidential information may be disclosed as required by the Uniform Unclaimed Property Act or as necessary for the proper administration of this Act. [See: 60 O.S. §§ 662, 668, 675 ]

(d) Additionally, confidential information may be disclosed to:

(1) Any employee of the Treasurer whose official duties involve unclaimed property;

(2) The State Auditor and Inspector, or his duly authorized agent, in connection with any audit of OST; or

(3) The office of the Attorney General for its use in providing counsel relating to unclaimed property administration or in preparation for any proceeding involving unclaimed property before any agency or board of this state or before any grand jury or any state or federal court.

(e) Nothing in this Section shall be construed to prevent the disclosure of confidential information in any state or federal judicial or administrative proceeding pertaining to unclaimed property administration.

(f) OST may disclose statistical information gathered from confidential information if it does not disclose confidential information attributable to any one claimant.

Okla. Admin. Code § 735:80-1-5

Transferred from 710:80-1-5 at 60 O.S., § 688, eff 7-1-99 (see Editor's Notice published at 17 Ok Reg 217); Amended at 17 Ok Reg 2167, eff 6-12-00; Amended at 19 Ok Reg 2476, eff 6-27-02