Section 170.320  Definitions

For purposes of this Subpart:

“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 170.330 of this Subpart.

“Confidential supervisory information” shall mean any report of examination, visitation, or investigation prepared by the Secretary under the Act, any report of examination visitation, or investigation prepared by the state regulatory authority or another state that examines a licensee, any document or record prepared or obtained in connection with or relation to any examination, visitation, or investigation, and any record prepared or obtained by the Secretary to the extent that the record summarizes or contains information derived from any report, document, or record described in this subsection.  “Confidential supervisory information” does not include any information or record routinely prepared by a licensee and maintained in the ordinary course of business or any information or record that is required to be made publicly available pursuant to State or federal law or rule.

“Person” or “persons” means individuals and bodies politic and corporate, including without limitation corporations, limited liability companies, general partnerships, limited partnerships and joint ventures; unless, from the context and facts, the intentions plainly apply only to individuals.  Persons who reside in or live in a geographical area include non-natural persons located within the geographical area. 

“Relevant” means the requests 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.