N.J. Admin. Code § 3:3-2.1

Current through Register Vol. 56, No. 18, September 16, 2024

Section 3:3-2.1 - Confidential records

(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.

N.J. Admin. Code § 3:3-2.1

Amended by 50 N.J.R. 1478(a), effective 7/2/2018