Effective: April 6, 2007
Latest Legislation: House Bill 454 - 126th General Assembly
(A) Information leading to, arising from, or obtained in the course of the examination of a licensee or other person conducted pursuant to the authority of sections 1315.01 to 1315.18 of the Revised Code is privileged and confidential. No person, including any person to whom the information is disclosed under the authority of this section, shall disclose information leading to, arising from, or obtained in the course of an examination, except as specifically provided in this section.
(B) The superintendent of financial institutions and the superintendent's agents and employees may disclose information leading to, arising from, or obtained in the course of an examination conducted pursuant to section 1315.12 or 1315.121 of the Revised Code as follows:
(1) To the governor, director of commerce, or deputy director of commerce to enable them to act in the interests of the public;
(2) To the banking commission, created pursuant to section 1123.01 of the Revised Code, to enable the commission to effectively advise the superintendent and take action on any matter the superintendent presents to the commission;
(3) To financial institution regulatory authorities of this and other states, the United States, and other countries to assist them in their regulatory duties;
(4) To the directors, officers, agents, and parent company of the licensee or other money transmitter examined to assist them in conducting the business of the licensee or other money transmitter examined in a safe and sound manner and in compliance with the law;
(5) To law enforcement authorities conducting criminal investigations.
(C) Information leading to, arising from, or obtained in the course of an examination of a licensee or other person pursuant to sections 1315.01 to 1315.18 of the Revised Code shall not be discoverable from any source. The information shall not be introduced into evidence, except in the following circumstances:
(1) In connection with criminal proceedings;
(2) When, in the opinion of the superintendent, it is appropriate with regard to enforcement actions taken and decisions made by the superintendent under the authority of sections 1315.01 to 1315.18 of the Revised Code regarding a licensee or other person;
(3) When litigation has been initiated by the superintendent in furtherance of the powers, duties, and obligations imposed upon the superintendent by sections 1315.01 to 1315.18 of the Revised Code;
(4) When authorized by agreements between the superintendent and financial institution regulatory authorities of this and other states, the United States, and other countries authorized by section 1315.121 of the Revised Code;
(5) When and in the manner authorized in section 1181.25 of the Revised Code.
(D) A report of an examination conducted pursuant to section 1315.12 or 1315.121 of the Revised Code is the property of the division of financial institutions. Under no circumstances may the licensee or other money transmitter examined, its directors, officers, employees, agents, regulated persons, or contractors, or any person having knowledge or possession of a report of examination, or any of its contents, disclose or make public in any manner the report of examination or its contents. The authority provided in division (B)(4) of this section for use of examination information to assist in conducting the business of the licensee or other money transmitter examined in a safe and sound manner and in compliance with law shall not be construed to authorize disclosure of a report of examination or any of its contents in conducting business with the examined licensee's or other money transmitter's customers, creditors, or shareholders, or with other persons.
(E) Whoever violates this section shall be removed from office, shall be liable, with the violator's bonder in damages to the person injured by the disclosure of information, and is guilty of a felony of the fourth degree.
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Chapter 1315 | Transmitters of Money; Check-Cashing Businesses
Section 1315.01 | Transmitters of Money Definitions.
Section 1315.02 | Recipient of Money to Be Licensed or Authorized.
Section 1315.03 | Application for Money Transmitter License - Confidentiality.
Section 1315.04 | Determination on Application - Conditional Approval.
Section 1315.05 | Continuing Duties of Licensees.
Section 1315.06 | Minimum Amount of Permissible Investments.
Section 1315.07 | Satisfactory Security Device Maintained.
Section 1315.08 | Quarterly Reports - Annual Financial Statements.
Section 1315.081 | Written Report of Specified Events.
Section 1315.09 | Records Required to Be Kept.
Section 1315.10 | Application for Approval of Control Acquisition.
Section 1315.101 | Approval of Application for Control Acquisition.
Section 1315.11 | Conduct of Activities Through Authorized Delegate.
Section 1315.12 | Examination of Records and Affairs of Licensee.
Section 1315.121 | Administrative Powers of Superintendent.
Section 1315.122 | Examination Information Privileged and Confidential.
Section 1315.13 | Superintendent to Establish Fees.
Section 1315.14 | Implementing Rules.
Section 1315.141 | Criminal Records Check to Be Requested by Superintendent.
Section 1315.15 | Notice of Charges - Cease and Desist Order.
Section 1315.151 | Suspension or Revocation of License.
Section 1315.152 | Civil Penalties for Violation or Breach.
Section 1315.153 | Injunctive Relief for Violation of Rc 1315.02.
Section 1315.16 | Enforcement Powers of Superintendent.
Section 1315.161 | Service of Notice, Subpoena, or Order.
Section 1315.17 | Administrative Hearing - Judicial Review - Enforcement of Order.
Section 1315.18 | Termination of Business - Approval of Plan - Implementation.
Section 1315.21 | Check-Cashing Businesses Definitions.
Section 1315.22 | Application for License to Operate Check-Cashing Business.
Section 1315.24 | Investigation of Violations - Hearings - Injunctive Relief.
Section 1315.25 | Conditions for Deposit of Checks Into Financial Institution.
Section 1315.26 | Limitations on Fees and Charges.
Section 1315.28 | Prohibited Acts - Damages for Violation.
Section 1315.30 | State to Solely Regulate Check-Cashing Business.
Section 1315.51 | Transaction Reporting, Money Laundering Definitions.
Section 1315.52 | Liberal Construction of Statutes.
Section 1315.53 | Reporting Transactions - Records.
Section 1315.54 | Investigations.