§ 78A-50. Administrative files and opinions. - North Carolina Statutes

§ 78A‑50. Administrative files and opinions.

(a)        A document is filedwhen it is received by the Administrator.

(b)        The Administratorshall keep a register of all applications for registration and registrationstatements which are or have been effective under this Chapter and all denial,suspension, or revocation orders which have been entered under this Chapter.The register shall be open for public inspection.

(c)        The informationcontained in or filed with any registration statement, application, or reportmay be made available to the public under such rules as the Administratorprescribes.

(c1)      The files andrecords of the Administrator relating to criminal investigations andenforcement proceedings undertaken pursuant to this Chapter are subject to theprovisions of G.S. 132‑1.4.

(c2)      The files andrecords of the Administrator relating to noncriminal investigations andenforcement proceedings undertaken pursuant to this Chapter shall not besubject to inspection and examination pursuant to G.S. 132‑6 until theinvestigations and proceedings are completed and cease to be active.

(c3)      Any informationobtained by the Administrator from any law enforcement agency, administrativeagency, or regulatory organization on a confidential or otherwise restrictedbasis in the course of an investigation or proceeding undertaken pursuant tothis Chapter shall be confidential and exempt from G.S 132‑6 to the sameextent that it is confidential in the possession of the providing agency ororganization.

(d)        Upon request and atsuch reasonable charges as the administrator prescribes, the Administratorshall furnish to any person photostatic or other copies (certified under theseal of office if requested) of any entry in the register or any document whichis a matter of public record. In any proceeding or prosecution under thisChapter, any copy so certified is prima facie evidence of the contents of theentry or document certified.

(e)        The Administratormay honor requests from interested persons for interpretative opinions. When anexemption is claimed in writing, cites the section relied upon, and isconsidered eligible upon the showing made, a "no action" letter willbe furnished upon request and upon the payment of a fee of one hundred fiftydollars ($150.00). (1925, c. 190, s. 17; 1927, c. 149, s. 17; 1955, c.436, s. 8; 1973, c. 1380; 1979, 2nd Sess., c. 1148, s. 3; 1987, c. 566, s. 2;1997‑462, s. 5.)