§485A-608 Public records; confidentiality. (a) Except as otherwise provided in subsection (b) or chapter 92F, records obtained by the commissioner or filed under this chapter, including a record contained in or filed with a registration statement, application, notice filing, or report, are public records and are available for public examination.
(b) The following records are not public records and are not available for public examination under subsection (a):
(1) A record obtained by the commissioner in connection with an audit or inspection under section 485A-411(d) or an investigation under section 485A-602;
(2) A part of a record filed in connection with a registration statement under sections 485A-301 and 485A-303 to 485A-305, or a record under section 485A-411(c) that contains trade secrets or confidential information if the person filing the registration statement or report has asserted a claim of confidentiality or privilege that is authorized by law;
(3) A record that is not required to be provided to the commissioner or filed under this chapter and is provided to the commissioner only on the condition that the record will not be subject to public examination or disclosure;
(4) A nonpublic record received from a person specified in section 485A-602(g);
(5) Any social security number, residential address unless used as a business address, and residential telephone number unless used as a business telephone number, contained in a record that is filed; and
(6) A record obtained by the commissioner through a designee of the commissioner that a rule or order under this chapter determines has been:
(A) Expunged from the commissioner's records by the designee; or
(B) Determined to be nonpublic or nondisclosable by that designee if the commissioner finds the determination to be in the public interest and for the protection of investors.
(c) If disclosure is for the purpose of a civil, administrative, or criminal investigation, action, or proceeding or to a person specified in section 485A-602(g), the commissioner may disclose a record obtained in connection with an audit or inspection under section 485A-411(d) or a record obtained in connection with an investigation under section 485A-602. [L 2006, c 229, pt of §1]
Structure Hawaii Revised Statutes
Title 26. Trade Regulation and Practice
485A-103 References to federal statutes.
485A-104 References to federal agencies.
485A-105 Electronic records and signatures.
485A-203 Additional exemptions and waivers.
485A-204 Denial, suspension, revocation, condition, or limitation of exemptions.
485A-301 Securities registration requirement.
485A-303 Securities registration by qualification.
485A-304 Securities registration filings.
485A-305 Denial, suspension, and revocation of securities registration.
485A-306 Waiver and modification.
485A-401 Broker-dealer registration requirement and exemptions.
485A-402 Agent registration requirement and exemptions.
485A-403 Investment adviser registration requirement and exemptions.
485A-404 Investment adviser representative registration requirement and exemptions.
485A-405 Federal covered investment adviser notice filing requirement.
485A-407 Succession and change in registration of broker-dealer or investment adviser.
485A-411 Postregistration requirements.
485A-502 Prohibited conduct in providing investment advice.
485A-504 Filing of sales and advertising literature.
485A-506 Misrepresentations concerning registration or exemption.
485A-601 Commissioner of securities.
485A-602 Investigations and subpoenas.
485A-603.5 Additional civil penalties for securities violations committed against elders.
485A-604 Administrative enforcement.
485A-606 Rules, forms, orders, interpretative opinions, and hearings.
485A-607 Administrative files and opinions.
485A-608 Public records; confidentiality.
485A-609 Appeals to court, first circuit; time; bonds; costs; decree; further appeal.
485A-701 Application of act to existing proceeding and existing rights and duties.
485A-802 Governmental disclosures.
485A-803 Immunity for governmental disclosures.
485A-804 Third-party disclosures.
485A-805 Immunity for third-party disclosures.
485A-806 Delaying disbursements or transactions.
485A-807 Immunity for delaying disbursements or transactions.