TITLE 38: FINANCIAL INSTITUTIONS
CHAPTER II: OFFICE OF BANKS AND REAL ESTATE
PART 325
DISCLOSURE OF CONFIDENTIAL SUPERVISORY INFORMATION
SECTION 325.10 DEFINITIONS
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.
 | TITLE 38: FINANCIAL INSTITUTIONS
CHAPTER II: OFFICE OF BANKS AND REAL ESTATE
PART 325
DISCLOSURE OF CONFIDENTIAL SUPERVISORY INFORMATION
SECTION 325.20 PURPOSE AND SCOPE
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].
| TITLE 38: FINANCIAL INSTITUTIONS
CHAPTER II: OFFICE OF BANKS AND REAL ESTATE
PART 325
DISCLOSURE OF CONFIDENTIAL SUPERVISORY INFORMATION
SECTION 325.30 REQUESTS FOR CONFIDENTIAL SUPERVISORY INFORMATION
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.
| TITLE 38: FINANCIAL INSTITUTIONS
CHAPTER II: OFFICE OF BANKS AND REAL ESTATE
PART 325
DISCLOSURE OF CONFIDENTIAL SUPERVISORY INFORMATION
SECTION 325.40 WHERE TO SUBMIT A REQUEST
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
| TITLE 38: FINANCIAL INSTITUTIONS
CHAPTER II: OFFICE OF BANKS AND REAL ESTATE
PART 325
DISCLOSURE OF CONFIDENTIAL SUPERVISORY INFORMATION
SECTION 325.50 CONSIDERATION OF REQUESTS
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.
| TITLE 38: FINANCIAL INSTITUTIONS
CHAPTER II: OFFICE OF BANKS AND REAL ESTATE
PART 325
DISCLOSURE OF CONFIDENTIAL SUPERVISORY INFORMATION
SECTION 325.60 DISCLOSURE OF CONFIDENTIAL SUPERVISORY INFORMATION
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.
| TITLE 38: FINANCIAL INSTITUTIONS
CHAPTER II: OFFICE OF BANKS AND REAL ESTATE
PART 325
DISCLOSURE OF CONFIDENTIAL SUPERVISORY INFORMATION
SECTION 325.70 RETRIEVAL AND DESTRUCTION OF PREVIOUSLY DISCLOSED CONFIDENTIAL SUPERVISORY INFORMATION USED IN LITIGATION
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.
| TITLE 38: FINANCIAL INSTITUTIONS
CHAPTER II: OFFICE OF BANKS AND REAL ESTATE
PART 325
DISCLOSURE OF CONFIDENTIAL SUPERVISORY INFORMATION
SECTION 325.80 FEES FOR SERVICES
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.
|
|
|
|
|
|
|
|
