90.730 - Public information and confidentiality.

90.730  Public information and confidentiality.

      1.  Except as otherwise provided in subsection 2, information and records filed with or obtained by the Administrator are public information and are available for public examination.

      2.  Except as otherwise provided in subsections 3 and 4 and NRS 239.0115, the following information and records do not constitute public information under subsection 1 and are confidential:

      (a) Information or records obtained by the Administrator in connection with an investigation concerning possible violations of this chapter; and

      (b) Information or records filed with the Administrator in connection with a registration statement filed under this chapter or a report under NRS 90.390 which constitute trade secrets or commercial or financial information of a person for which that person is entitled to and has asserted a claim of privilege or confidentiality authorized by law.

      3.  The Administrator may submit any information or evidence obtained in connection with an investigation to the:

      (a) Attorney General or appropriate district attorney for the purpose of prosecuting a criminal action under this chapter; and

      (b) Department of Taxation for its use in carrying out the provisions of chapter 363A of NRS.

      4.  The Administrator may disclose any information obtained in connection with an investigation pursuant to NRS 90.620 to the agencies and administrators specified in subsection 1 of NRS 90.740 but only if disclosure is provided for the purpose of a civil, administrative or criminal investigation or proceeding, and the receiving agency or administrator represents in writing that under applicable law protections exist to preserve the integrity, confidentiality and security of the information.

      5.  This chapter does not create any privilege or diminish any privilege existing at common law, by statute, regulation or otherwise.

      (Added to NRS by 1987, 2184; A 1989, 160; 1991, 609; 2003, 3176; 2005, 1783; 2007, 2069)