§ 533C.607 — Disclosure

Iowa § 533C.607

• Jurisdiction: Iowa
• Title XIII: COMMERCE
• Ch. 533C: UNIFORM MONEY TRANSMISSION MODERNIZATION ACT

Text

1. Exceptasotherwiseprovidedbythischapter, therecordsofthesuperintendentrelating
to examinations, supervision, and regulation of a person licensed pursuant to this chapter or
authorized delegates of a person licensed pursuant to this chapter are not public records and
are not subject to disclosure under chapter 22. Neither the superintendent nor any member
of the superintendent’s staff shall disclose any information obtained in the discharge of the
superintendent’s official duties to any person not connected with the department, except
19 UNIFORM MONEY TRANSMISSION MODERNIZATION ACT, §533C.701
that the superintendent or the superintendent’s designee may disclose information to the
following:
a. Representatives of federal agencies insuring accounts in the financial institution.
b. Representatives of state agencies, federal agencies, or foreign countries having
regulatory or supervisory authority over the activities of the financial institution or similar
financial institutions if those representatives are permitted to and do, upon request of the
superintendent, disclose similar information respecting those financial institutions under
their regulation or supervision, or to those representatives who state in writing under oath
that they will maintain the confidentiality of that information.
c. To the attorney general.
d. Toafederalorstategrandjuryinresponsetoalawfulsubpoenaorpursuanttoacounty
attorney subpoena.
e. To the auditor of the state for the purpose of conducting audits authorized by law.
2. Notwithstanding subsection 1, the superintendent may disclose the following:
a. The fact of filing of applications with the department pursuant to this chapter, give
notice of a hearing, if any, regarding those applications, and announce the superintendent’s
action thereon.
b. Final decisions in connection with proceedings for the suspension or revocation of
licenses or certificates issued pursuant to this chapter.
c. Prepare and circulate reports reflecting the assets and liabilities of licensees on an
aggregate basis, including other information considered pertinent to the purpose of each
report for general statistical information.
d. Prepare and circulate reports provided by law.
3. Everyofficialreportofthedepartmentisprimafacieevidenceofthefactsthereinstated
in any action or proceeding wherein the superintendent is a party.
4. Nothing in this section shall be construed to prevent the disclosure of information that
is:
a. Admissible in evidence in any civil or criminal proceeding brought by or at the request
of the superintendent or this state to enforce or prosecute violations of this chapter, chapter
706B, or the rules adopted, or orders issued pursuant to this chapter.
b. Requested by or provided to a federal agency, including but not limited to the
department of defense, department of energy, department of homeland security, nuclear
regulatory commission, and centers for disease control and prevention, to assist state and
local government with domestic preparedness for acts of terrorism.
5. The attorney general or the department of public safety may report any possible
violations indicated by analysis of the reports required by this chapter to any appropriate
law enforcement or regulatory agency for use in the proper discharge of its official duties.
The attorney general or the department of public safety shall provide copies of the reports
required by this chapter to any appropriate prosecutorial or law enforcement agency upon
being provided with a written request for records relating to a specific individual or entity
and stating that the agency has an articulable suspicion that such individual or entity has
committed a felony offense or a violation of this chapter to which the reports are relevant. A
person who releases information received pursuant to this subsection except in the proper
discharge of the person’s official duties is guilty of a serious misdemeanor.
6. Any report, record, information, analysis, or request obtained by the attorney general
or department of public safety pursuant to this chapter is not a public record as defined in
chapter 22 and is not subject to disclosure.