KRS 286.8-275: Reporting of violations of subtitle -- Duties of commissioner -- No waiver

of privilege or claim of confidentiality.

(1) Any person having knowledge or believing that a violation of this subtitle or any

other illegal act or practice is being or has been committed may provide the

commissioner a report of information pertinent to his or her knowledge or belief

and any additional relevant information the commissioner may request.

(2) Documents, materials, or other information in the possession or contro l of the

commissioner that is provided according to this section shall be confidential by law,

privileged, and shall not be subject to the Kentucky Open Records Act, KRS 61.872

to 61.884. These documents, materials, or other information shall not be subjec t to

subpoena, and shall not be subject to discovery or admissible as evidence in any

civil action unless, after written notice to the commissioner and a hearing, a court of

competent jurisdiction determines the commissioner would not be unduly

prejudiced.

(3) Neither the commissioner nor any person who received documents, materials, or

other information while acting under the authority of the commissioner shall be

permitted or required to testify in any civil action concerning any confidential

documents, materials, or other information subject to subsection (2) of this section.

(4) In order to assist in the performance of the commissioner's duties, the commissioner

may:

(a) Use the documents, materials, or other information in the furtherance of any

regulatory or legal action brought as part of the commissioner's official duties;

(b) Share the documents, materials, or other information, including confidential

and privileged documents, materials, or other information subject to

subsections (2) and (3) of this section, with other state, federal, and

international law enforcement authorities or the Conference of State Bank

Supervisors or its affiliate if the recipient agrees to maintain the

confidentiality and privileged status of the documents, materials, and o ther

information; and

(c) Enter into agreements governing the sharing and use of information including

the furtherance of any regulatory or legal action brought as part of the

recipient's official duties.

(5) No waiver of any applicable privilege or claim of confidentiality in the documents,

materials, or information shall occur as a result of disclosure to the commissioner

under this section or as a result of sharing as authorized in subsection (4) of this

section.