A. A court or administrative hearings official with competent jurisdiction may require disclosure of a portion of an audit report in a civil or administrative proceeding if the court or administrative hearings official determines, after an in camera review consistent with the appropriate rules of procedure, that:
1. The privilege is asserted for a fraudulent purpose;
2. The portion of the audit report is not subject to the privilege under Section 8 of this act; or
3. The portion of the audit report shows evidence of noncompliance with an environmental or health and safety law and appropriate efforts to achieve compliance with the law were not promptly initiated and pursued with reasonable diligence after discovery of noncompliance.
B. A party seeking disclosure under this section has the burden of proving that paragraph 1, 2 or 3 of subsection A of this section applies.
C. Notwithstanding Section 250 et seq. of Title 75 of the Oklahoma Statutes, a decision of an administrative hearings official under paragraph 1, 2 or 3 of subsection A of this section is directly appealable to a court of competent jurisdiction without disclosure of the audit report to any person unless so ordered by the court.
D. A person claiming the privilege is subject to sanctions as provided by Section 3226.1 of Title 12 of the Oklahoma Statutes if the court finds that the person willfully or knowingly claimed the privilege for information as provided in Section 8 of this act.
E. A determination of a court under this section is subject to interlocutory appeal to an appropriate appellate court.
Added by Laws 2019, c. 229, § 7, eff. Nov. 1, 2019.