2019 Oregon Revised Statutes
Volume : 18 - Financial Institutions, Insurance
Chapter 706 - Administration and Enforcement of Banking Laws Generally
Section 706.723 - Confidential documents; review by court.
(1) Notwithstanding any other provision of law:
(a) Reports and records described in ORS 706.720 (3) and compliance review documents are confidential as provided in ORS 705.137 and are not discoverable or admissible as evidence in any civil action or administrative proceeding.
(b) Reports and records described in ORS 706.720 (3) and compliance review documents delivered to a state, federal or foreign governmental or regulatory agency remain confidential as provided in ORS 705.137 and are not discoverable or admissible in any civil action or administrative proceeding.
(c) A person that serves on a compliance review committee or acts at the request of a compliance review committee may not testify in any civil action as to:
(A) The contents or conclusions of a compliance review document; or
(B) The actions that a compliance review committee takes.
(2) This section does not limit the discovery or admissibility in any civil action or administrative proceeding of any documents that are not reports or records described in ORS 706.720 (3) or compliance review documents.
(3) Upon motion by any party, a court shall determine a claim of confidentiality under this section after an in camera review of the materials or information claimed to be confidential. If the court determines that part, but not all, of the materials or information is confidential under this section, the court shall ensure that only the materials or information that is not confidential is disclosed.
(4) The provisions of this section do not affect the ability of a person to claim any privilege that may be provided by law, including but not limited to a claim of privilege under ORS 40.225.
(5) For the purposes of this section:
(a) "Compliance review committee" means a person or persons that a board of directors or the managers of a financial institution assign to test, review or evaluate the conduct of the financial institution, the transactions of the financial institution or the potential transactions of the financial institution for the purpose of monitoring, improving and enforcing compliance with:
(A) Safe, sound and fair lending practices;
(B) Financial reporting to state or federal regulatory agencies;
(C) The financial institution’s own policies and procedures; or
(D) Federal or state statutory or regulatory requirements relating to financial institutions.
(b) "Compliance review document" means any document prepared for or created by a compliance review committee. [1997 c.81 §2; 2001 c.377 §22; 2015 c.244 §13]
