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The Vermont Statutes Online



Title

08

:
Banking and Insurance






Chapter

001

:
POLICY AND ADMINISTRATION











 

§

23. Confidentiality of investigation and examination reports

(a) This section

shall apply to all persons licensed, authorized, or registered, or required to

be licensed, authorized, or registered, under Parts 2 and 4 of this title.

(b) Regardless

of source, all records of investigations, including information pertaining to a

complaint by or for a consumer, and all records and reports of examinations by

the Commissioner, whether in the possession of a supervisory agency or another

person, shall be confidential and privileged, shall not be made public, and

shall not be subject to discovery or introduction into evidence in any private

civil action. No person who participated on behalf of the Commissioner in an

investigation or examination shall be permitted or required to testify in any

such civil action as to any findings, recommendations, opinions, results, or

other actions relating to the investigation or examination.

(c) The

Commissioner may, in his or her discretion, disclose or publish or authorize the

disclosure or publication of any such record or report or any part thereof in

the furtherance of legal or regulatory proceedings brought as a part of the

Commissioner's official duties. The Commissioner may, in his or her discretion,

disclose or publish or authorize the disclosure or publication of any such

record or report or any part thereof, to civil or criminal law enforcement

authorities for use in the exercise of such authority's duties, in such manner

as the Commissioner may deem proper.

(d) For the

purposes of this section, records of investigations and records and reports of

examinations shall include joint examinations by the Commissioner and any other

supervisory agency. Records of investigations and reports of examinations shall

also include records of examinations and investigations conducted by:

(1) any agency

with supervisory jurisdiction over the person; and

(2) any agency

of any foreign government with supervisory jurisdiction over any person subject

to the jurisdiction of the Department, when such records are considered

confidential by such agency or foreign government and the records are in the

possession of the Commissioner. (Added 2001, No. 55, § 3, eff. June 12, 2001;

amended 2015, No. 63, § 5, eff. June 17, 2015.)