38 Ill. Adm. Code 325.50
Consideration of Requests
Section 325
Section 325.50 Consideration
of Requests
a) Standards for the Disclosure of Confidential Supervisory
Information. When making a determination with respect to the disclosure of
confidential supervisory information, the Commissioner shall consider the
following standards:
1) the confidential supervisory information identified in the
request is relevant;
2) a compelling need exists;
3) if the requested confidential supervisory information is to be
used in connection with an adversarial matter, the lawsuit or administrative
action has been filed; and
4) the production and disclosure of the confidential supervisory
information is not unduly burdensome to the Office of Banks and Real Estate.
In determining whether to disclose the requested confidential
supervisory information, the Commissioner may inquire into the circumstances of
any case underlying the request and rely on sources of information other than
the requester, including other parties.
b) Time Required by the Commissioner to Respond. The
Commissioner, within 15 days, shall determine whether to disclose the requested
confidential supervisory information. The 15-day time period shall not commence
until the Commissioner receives a complete request. If the request is not
complete, the Commissioner shall notify the requester of the required
information that has not previously been provided.
c) Notice to Other Parties. Following receipt of a complete
request for confidential supervisory information, the Commissioner may notify
the state bank, the electronic fund transfer network or switch, the corporate
fiduciary, the Illinois bank holding company or the foreign banking office that
is the subject of the requested information, unless the Commissioner determines
that to do so would advantage or prejudice any of the parties in the matter at
issue.