Are Applications Submitted To The DFPI Subject To Inspection Under The California Public Records Act?

Allen Matkins
Contact

Allen Matkins

California's Public Records Act, Cal. Gov't Code § 6250 et seq., provides for public access to California state and local government records.  The PRA defines "public records" broadly to include "any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics".  Cal. Gov't Code § 6252(e).  The PRA specifically requires that the Department of Financial Protection & Innovation establish guidelines for accessibility to its records.  Cal. Gov't Code § 6253.4(b)(9).  Those guidelines are available here.  

Although the PRA was intended to promote public access to governmental information, there are numerous exceptions.  One such exception is for applications "filed with any state agency responsible for the regulation or supervision of the issuance of securities or of financial institutions, including, but not limited to, banks, savings and loan associations, industrial loan companies, credit unions, and insurance companies".  Cal. Gov't Code § 6254(d)(1).  Although not specifically named, the DFPI is the state agency responsible for the regulation or supervision of the issuance of securities as well as financial institutions.  For the sake of completeness, it should be noted that there are exceptions to Section 6254 (§§ 6254.7 & 6254.13) but it is unlikely that any of these exceptions to an exception would be applicable to an application filed with the DFPI.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Allen Matkins | Attorney Advertising

Written by:

Allen Matkins
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Allen Matkins on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide