Montana Code Annotated 2007

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     32-10-507. Examinations by department -- confidentiality -- sharing information with other agencies. (1) The department and the department's appointees may examine the books, records, accounts, documents, and operations of a licensee or person required to be licensed under this chapter as often as the department considers necessary. The department may cooperate and share information with any agency of this state, the federal government, or agencies of other states. The department may accept an examination conducted by the federal government or an agency of this state or another state in place of an examination by the department.
     (2) Within 6 months of the completion of an examination, the department shall issue a statement of findings of the examination to the licensee or person examined. The department may allow the licensee or person 30 days to respond to the examination findings. The department shall take appropriate steps to ensure correction of any violations of this chapter indicated by the examination.
     (3) An affiliate of a licensee is subject to examination by the department on the same basis as the licensee, but only when reports from a licensee or examination of a licensee provides documented evidence of unlawful activity between a licensee and affiliate.
     (4) The expenses of any examination of a licensee or affiliate of the licensee must be borne by the licensee and must be assessed by the department as established by rule. Fees collected under this section must be deposited into the department's state special revenue fund to be used by the department in administering the provisions of this chapter.
     (5) Unless otherwise required by state law, examination findings and any information contained in the examination report must be considered confidential information for the department's use only. The information may not be released to persons who are not officially associated with the department, and the information contained in the findings and report may be used by the department only in the furtherance of its official duties.
     (6) Information obtained during an examination or investigation or from an application may be disclosed to law enforcement officials and other state and federal agencies for further investigation and enforcement.

     History: En. Sec. 28, Ch. 369, L. 2007.

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