{"data":{"id":"us-ky/krs-286.9-090","jurisdiction":"us-ky","citation":"KRS 286.9-090","heading":"Authority to promulgate administrative regulations -- Compliance","body":"examination and fee -- Examination, inspection, and confidentiality of records\n-- Powers of commissioner.\n(1) The commissioner may adopt reasonable administrative regulations, not\ninconsistent with law, for the enforcement of this subtitle.\n(2) To assure compliance with the provisions of this subtitle, the commissioner may\nexamine the business, books, and records of any licensee, and each licensee shall\npay an examination fee sufficient  to cover the cost of the examination based upon\nfair compensation for time and actual expense as established by order or\nadministrative regulations.\n(3) The affairs of every check cashing and deferred deposit service business licensee\nand the records requ ired to be maintained by KRS 286.9 -074 are subject at any\ntime, or from time to time, to such periodic, special, or other examinations by the\ncommissioner or an examiner of the commissioner within or without this state and\nwith or without notice to the lic ensee, as the commissioner deems necessary or\nappropriate in the public interest. All books, papers, and records of assets of the\nlicensee shall be subject to the commissioner's inspection.\n(4) Reports of examination, related working papers, or other confidential information in\nthe possession or control of the commissioner that is provided according to this\nsubtitle shall be confidential by law and privileged, and shall not be subject to the\nKentucky Open Records Act, KRS 61.870 to 61.884. These reports of examination,\nrelated working papers, or other confidential information shall not be subject to\nsubpoena, and shall not be subject to discovery or admissible in evidence in any\ncivil action, unless after notice to the commissioner and a hearing, a court of\ncompetent jurisdiction determines that the commissioner would not be prejudiced.\nHowever, the commissioner may use such reports, working papers, and other\nconfidential information in the furtherance of any regulatory or legal action brought\nas a part of the commissioner's official duties.\n(5) Neither the commissioner nor any person who received documents, materials,\nreports, or other information while acting under the authority of the commissioner\nshall be required to testify in any civil action concerning any reports of examination,\nrelated working papers, or other confidential information subject to subsection (4)\nof this section.\n(6) In order to assist in the performance of the commissioner duties, the commissioner\nmay:\n(a) Share documents, materials, ann ual reports, reports of examination or other\ninformation, including the confidential and privileged documents, materials,\nreports, or information subject to subsections (4) and (5) of this section, with\nother state, federal, and international regulatory agencies, and with local, state,\nfederal, and international law enforcement authorities, if the recipient agrees\nto maintain the confidentiality and privileged status of the documents,\nmaterials, reports, or other information;\n(b) Receive documents, material s, reports, or other information, including\notherwise confidential and privileged documents, materials, reports, or\ninformation from regulatory and law enforcement officials of other foreign or\ndomestic jurisdictions, and shall maintain as confidential and  privileged any\ndocuments, materials, reports, or information received with notice or the\nunderstanding that they are confidential and privileged under the laws of the\njurisdiction that is the source of the documents, materials, reports, or\ninformation;\n(c) Enter into agreements governing the sharing and use of information, including\nthe furtherance of any regulatory or legal action brought as part of the\nrecipient's official duties;\n(d) Disclose to the public a list of persons licensed under this subtitle or the\naggregate financial data concerning those licensees; and\n(e) Disclose to the public any order issued under this subtitle that is the result of\nan administrative or legal action against a licensee, agent of a licensee,\nresponsible individual, key shareholder, executive officer, or director.\n(7) No waiver of any applicable privilege or claim of confidentiality in the documents,\nmaterials, reports, or information shall occur as a result of disclosure to the\ncommissioner under this subsection or as a res ult of sharing as authorized in\nsubsection (6) of this section.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=14912","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:15Z","sha256":"da19f30a1ea8083c587046ad51e32561970b3e7b5f452956f3b89b47f304444b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-286.9-080","next":"us-ky/krs-286.9-100"},"notice":"GroundRules: Original legal text. Not legal advice."}