§ 78D-25. Administration of Chapter. - North Carolina Statutes

§ 78D‑25. Administration of Chapter.

(a)        This Chapter shallbe administered by the Secretary of State. The Secretary of State asAdministrator may delegate all or part of the authority under this Chapter tothe Deputy Securities Administrator including, but not limited to, theauthority to conduct hearings, make, execute and issue final agency orders anddecisions. The Secretary of State may appoint such clerks and other assistantsas may from time to time be needed. The Secretary of State may designate one ormore hearing officers for the purpose of conducting administrative hearings.

(b)        Neither theAdministrator nor any employees of the Administrator shall use any informationwhich is filed with or obtained by the Administrator which is not public informationfor personal gain or benefit, nor shall the Administrator nor any employees ofthe Administrator conduct any securities or commodity dealings whatsoever basedupon any such information, even though public, if there has not been asufficient period of time for the securities or commodity markets to assimilatesuch information.

(c)       (1)        Exceptas provided in subdivision (2) of this subsection, all information collected,assembled or maintained by the Administrator is public information and isavailable for the examination of the public as provided by Chapter 132 of theGeneral Statutes.

(2)        The following areexceptions to subdivision (1) which are deemed to be confidential:

a.         Information obtainedin private investigations pursuant to G.S. 78D‑21 of this Chapter;

b.         Information madeconfidential by the provisions of Chapter 132 of the General Statutes;

c.         Information obtainedfrom federal agencies which may not be disclosed under federal law.

(3)        The Administrator inhis discretion may disclose any information made confidential under subsection(2)a. to persons identified in G.S. 78D‑26(a).

(4)        No provision of thisChapter either creates or derogates any privilege which exists at common law,by statute or otherwise when any documentary or other evidence is sought undersubpoena directed to the Administrator or any employee of the Administrator. (1989, c. 634, s. 1; 2001‑126,s. 11.)