A. The Oklahoma Accountancy Board, its employees, independent contractors, appointed committee members or other agents shall keep confidential all information obtained during an investigation into allegations of violations of the Oklahoma Accountancy Act, including any review or investigation made to determine whether to allow an applicant to take an examination, or whether the Board shall grant a certificate, license, or permit. All information obtained in the course of conducting a peer review, including peer review reports provided to the Board by a registrant, examinations and test scores shall also be held confidential by the Board, its employees and independent contractors.
B. To ensure the confidentiality of such information for the protection of the affected individual or entity, the information obtained shall not be deemed to be a “record” as that term is defined in the Oklahoma Open Records Act.
C. Rules adopted to implement the provisions of this subsection shall assure the privacy of the information obtained. Such rules shall include but not be limited to:
1. Assuring availability of the information for inspection by the individual or entity affected or their designated representatives during the normal business hours of the Board;
2. A method for obtaining a written release for the affected individual or entity to allow inspection of their confidential records to the public at large; and
3. A method for making available to the public all final written orders of the Board concerning an individual or entity.
D. Information obtained by the Board or any of its agents as set out in subsection A of this section shall be considered competent evidence in a court of competent jurisdiction only in matters directly related to actions of the Board and the affected individual or entity as a result of the Board obtaining the information. Such information shall not be admissible as evidence in any other type of civil or criminal action.
E. The Board may disclose information concerning investigations into allegations of violations of the Oklahoma Accountancy Act under this section to another governmental, regulatory, or law enforcement agency engaged in an enforcement action. The provisions of this subsection shall not apply to information concerning whether to allow an applicant to take an examination, peer review or test scores.
Added by Laws 1992, c. 272, § 7, eff. Sept. 1, 1992. Amended by Laws 2002, c. 312, § 4, eff. Nov. 1, 2002; Laws 2004, c. 125, § 6, eff. Nov. 1, 2004; Laws 2009, c. 45, § 3, emerg. eff. April 14, 2009.