Section 325.10  Definitions

 

For purposes of this Part:

 

            "Act" means the Illinois Banking Act [205 ILCS 5].

 

            "Commissioner" means the Commissioner of Banks and Real Estate, or a person authorized by the Commissioner to act in the Commissioner's stead.

 

            "Compelling need" means that no other non-confidential source is available to obtain information of equal relevance.

 

            "Complete request" means a request that provides all of the information required in Section 325.30 of this Part.

 

            "Confidential supervisory information" shall have the same meaning ascribed to that term in Section 48.3 of the Act [205 ILCS 5/48.3].

 

            "Person" shall have the same meaning ascribed to that term in Section 2 of the Act [205 ILCS 5/2].

 

            "Relevant" means the requested confidential supervisory information could substantially contribute to the resolution of the issues identified in the pleadings contained within the request.

 

            "Requester" means any person who makes a request for the discovery or disclosure of confidential supervisory information, whether by subpoena, order, or other judicial or administrative process.

 

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].

 

Section 325.30  Requests for Confidential Supervisory Information

 

Pursuant to Section 48.3 of the Act [205 ILCS 5/48.3], a request for confidential supervisory information arising from an adversarial matter, whether by subpoena, order, or other judicial or administrative process, shall be made to the Commissioner. If the request is for a record, the requester must adequately describe the records sought by type and date.  Such request shall be accompanied by:

 

a)         a copy of the formal complaint or pleading setting forth the assertions of the adversarial matter;

 

b)         the caption and docket number assigned to the adversarial proceeding;

 

c)         the name, address, and telephone number of designated legal counsel to each party named in the adversarial proceeding;

 

d)         a statement detailing the relevance of the requested confidential supervisory information;

 

e)         a statement detailing a compelling need for the requested confidential supervisory information;

 

f)         a statement describing any prior judicial decisions or pending motions in the case that may bear on the asserted relevance of the requested information; and

 

g)         a statement detailing why the requester believes that the compelling need outweighs the public interest considerations in maintaining confidentiality and why the compelling need outweighs the burden on the Office of Banks and Real Estate to produce the requested confidential supervisory information.

 

Section 325.40  Where to Submit a Request

 

A person requesting discovery or disclosure of confidential supervisory information under this Part shall mail, or hand deliver, the request to:

 

            Office of Banks and Real Estate

            Bureau of Banks and Trust Companies

            500 East Monroe Street

            Springfield, Illinois 62701-1509

            Attention:  Legal Section

 

Section 325.50  Consideration of Requests

 

a)         Standards for the Disclosure of Confidential Supervisory Information.  When making a determination with respect to the disclosure of confidential supervisory information, the Commissioner shall consider the following standards:

 

1)         the confidential supervisory information identified in the request is relevant;

 

2)         a compelling need exists;

 

3)         if the requested confidential supervisory information is to be used in connection with an adversarial matter, the lawsuit or administrative action has been filed; and

 

4)         the production and disclosure of the confidential supervisory information is not unduly burdensome to the Office of Banks and Real Estate.

 

            In determining whether to disclose the requested confidential supervisory information, the Commissioner may inquire into the circumstances of any case underlying the request and rely on sources of information other than the requester, including other parties.

 

b)         Time Required by the Commissioner to Respond.    The Commissioner, within 15 days, shall determine whether to disclose the requested confidential supervisory information. The 15-day time period shall not commence until the Commissioner receives a complete request. If the request is not complete, the Commissioner  shall notify the requester of the required information that has not previously been provided.

 

c)         Notice to Other Parties.  Following receipt of a complete request for confidential supervisory information, the Commissioner may notify the state bank, the electronic fund transfer network or switch, the corporate fiduciary, the Illinois bank holding company or the foreign banking office that is the subject of the requested information, unless the Commissioner determines that to do so would advantage or prejudice any of the parties in the matter at issue.

 

Section 325.60  Disclosure of Confidential Supervisory Information

 

a)         Conditions and Limitations.  The Commissioner may impose any conditions and limitations on the disclosure of confidential supervisory information that are necessary to protect the confidentiality of such information.  Except as authorized by the Commissioner, no person obtaining access to confidential supervisory information under this Part may make a copy of the confidential supervisory information.

 

b)         Restrictions on Dissemination of Confidential Supervisory Information.  The Commissioner may condition a decision to disclose confidential supervisory information on entry of a protective order by the court or administrative tribunal presiding in the particular case or on a written agreement of confidentiality.  In a case in which a protective order or agreement has already been entered between parties other than the Commissioner, the Commissioner may nevertheless condition approval for release of confidential supervisory information upon the inclusion of additional or amended provisions in the protective order.  The Commissioner may authorize a party who obtained the records for use in one case to provide them to another party in another case, subject to any conditions that the Commissioner may impose on either or both parties.

 

c)         Notification of Parties and Procedures for Sharing and Using Confidential Supervisory Information in Litigation.  The requester shall promptly notify other parties to a case of the release of confidential supervisory information obtained pursuant to this Part and, upon entry of a protective order, shall provide copies of confidential supervisory information to the other parties.

 

Section 325.70  Retrieval and Destruction of Previously Disclosed Confidential Supervisory Information Used in Litigation

 

At the conclusion of an action:

 

a)         the requester shall retrieve the disclosed confidential supervisory information from the  judicial or administrative  file as soon as the  presiding judicial or administrative authority no longer requires the information;

 

b)         the requester, and each party who may have subsequently received confidential supervisory information pursuant to a protective order, shall destroy the disclosed confidential supervisory information covered by the protective order; and

 

c)         each party shall certify to the Commissioner that the disclosed confidential supervisory information covered by the protective order has been destroyed.

 

Section 325.80  Fees for Services

 

The Commissioner may charge the following fees for any  record search or copying performed by the Commissioner:

 

a)         Reproduction costs incurred in making photocopies of documents shall be reimbursed at $.25 per exposure.

 

b)         All other costs, including but not limited to telephone costs, telegrams, and shipping costs, incurred in searching for and transporting data pursuant to a request for confidential supervisory information shall be reimbursed at actual costs.

 

The Commissioner may require a requester to remit payment prior to providing the requested confidential supervisory information.