New Jersey Administrative Code
Title 3 - BANKING
Chapter 3 - DEPARTMENT ORGANIZATION
Subchapter 2 - CONFIDENTIAL RECORDS
Section 3:3-2.1 - Confidential records
Universal Citation: NJ Admin Code 3:3-2.1
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Throughout the Department of Banking and Insurance, the following shall be deemed to be confidential and not government records pursuant to N.J.S.A. 47:1A-1et seq.
1. Documents obtained or prepared incident to
an examination or audit of a financial institution, its holding institution or
its subsidiary and any examination or audit report;
2. Business plans and incorporators'
financial statements filed in connection with a charter or license application,
and all materials the Department receives or prepares incident to an
application by a financial institution or other person to make a leeway or
other investment;
3. Complaint
files maintained by the Department;
4. Memoranda or other correspondence between
the Department and the Office of the Attorney General, and all memoranda within
the Department concerning advice given by the Office of the Attorney
General;
5. Documents obtained
pursuant to an ongoing investigation by the Department of a financial
institution or other person, when disclosure would be inimical to the public
interest;
6. Memoranda of
understanding between the Department and a financial institution;
7. Information regarding individual
institutions obtained pursuant to surveys conducted by the
Department;
8. Personnel or pension
records of an individual employed by the Department, except that the following
information shall not be deemed confidential:
i. An individual's name, title, position,
salary, payroll record, length of service in the Department and in the
government, date of separation from government service and the reason therefor,
and the amount and type of pension he or she is receiving; and
ii. Data contained in information which
discloses conformity with specific experimental, educational or medical
qualifications required for government employment or for receipt of a public
pension, but in no event shall detailed medical or psychological information be
released;
9. Personnel
or pension records of an employee, officer, director or other person affiliated
with a financial institution, such as the residence address, residence
telephone number, salary or social security number, when such information is
contained in any report, filing or record held by the Department; and
10. Information provided to the Nationwide
Mortgage Licensing System and Registry pursuant to the New Jersey Residential
Mortgage Lending Act identifying an applicant's or licensee's social security
number, home address, and home telephone number.
(b) The fact that a document is not listed in (a) above shall not be construed as evidence that the document is a government record for purposes of N.J.S.A. 47:1A-1et seq.
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