Section 170.350  Consideration of Requests

a)         Standards for the Disclosure of Confidential Supervisory Information.

1)         When making a determination with respect to the disclosure of confidential supervisory information, the Secretary shall consider the following standards:

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

B)        A compelling need exists;

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

D)        The production and disclosure of the confidential supervisory information is not unduly burdensome to the Department; and

E)        Whether disclosure will benefit consumers.

2)         In determining whether to disclose the requested confidential supervisory information, the Secretary 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 Secretary to Respond.  The Secretary, within 30 days, shall determine whether to disclose the requested confidential supervisory information.  The 30-day time period shall not commence until the Secretary receives a complete request which complies with the requirements set forth in Section 170.330.  If the request is not complete, the Secretary shall notify the requester of the required information that has not been previously provided.

c)         Notice to Other Parties.  Following receipt of a complete request for confidential supervisory information, the Secretary may notify the person that is the subject of the requested information, unless the Secretary determines that doing so would advantage or prejudice any of the parties in the matter at issue.