Section 3.79.090. Confidentiality of loan information.

	(a)  The following information is not confidential and is available for public inspection upon request:  
		(1) a document that is already a public record, including deeds of trust, financing statements, warranty deeds, bills of sale, mortgages, liens, and vehicle titles;  
		(2) general information regarding loans, including the original loan amount, loan terms, personal guarantees, and disbursement and repayment schedules;  
		(3) insurance matters, including title insurance policies and correspondence with insurance companies or borrowers regarding losses, accident reports, and nonpayment of premiums; and  
		(4) foreclosure and default proceedings.  
	(b)  The following information is confidential and is not subject to public disclosure:  
		(1) personal and financial information, including income tax returns, financial statements, business income statements, pro forma profit and loss statements, credit information obtained directly from banks and other creditors, and reports obtained from consumer reporting agencies;  
		(2) loan committee memoranda and minutes containing information relating to creditworthiness of an applicant; and  
		(3) the payment history on a loan, unless the loan is in default.  
	(c)  Information not described in (a) or (b) of this section may be subject to public disclosure. Requests for disclosure must be made, and will be determined, in accordance with 2 AAC 96. On receipt of a request for disclosure, the department will notify the loan applicant and other persons with a privacy interest in the request, to permit them to present reasons why the requested information should not be disclosed.  

Authorities

40.25.110;40.25.120;45.88.120;45.88.150;44.62.125;01.05.031;45.89.030;45.89.070

Notes

Authority

Ak. Const., art. I, _ 22 AS 40.25.110 AS 40.25.120 AS 45.88.120 AS 45.88.150 Editor's note: As of Register 176 (January 2006), and acting under AS 44.62.125(b)(6), the regulations attorney made a technical change to 3 AAC 79.090(c), to reflect Executive Order 113 (2005). Executive Order 113 eliminated the Telecommunications Information Council and transferred its functions related to public information and records to the governor and to the Department of Administration. Acting under AS 01.05.031, the revisor of statutes renumbered former AS 45.89.030 as AS 45.88.120; former AS 45.89.070 as AS 45.88.150. As of Register 203 (January 2013), the regulations attorney made conforming technical revisions under AS 44.62.125(b)(6) to 3 AAC 79.090 to reflect the statutory renumbering.

History

Eff. 9/11/85, Register 95; am 8/10/97, Register 143

References

3.79.090