WSR 07-11-109

ATTORNEY GENERAL'S OFFICE


[ Filed May 18, 2007, 10:39 a.m. ]


NOTICE OF REQUEST FOR ATTORNEY GENERAL'S OPINION

WASHINGTON ATTORNEY GENERAL



The Washington attorney general issues formal published opinions in response to requests by the heads of state agencies, state legislators, and county prosecuting attorneys. When it appears that individuals outside the attorney general's office have information or expertise that will assist in the preparation of a particular opinion, a summary of that opinion request will be published in the state register. If you are interested in commenting on a request listed in this volume of the register, you should notify the attorney general's office of your interest by June 13, 2007. This is not the due date by which comments must be received. However, if you do not notify the attorney general's office of your interest in commenting on an opinion request by this date, the opinion may be issued before your comments have been received. You may notify the attorney general's office of your intention to comment by calling (360) 664-3027, or by writing to the Solicitor General, Office of the Attorney General, P.O. Box 40100, Olympia, WA 98504-0100. When you notify the office of your intention to comment, you will be provided with a copy of the opinion request in which you are interested; information about the attorney general's opinion process; information on how to submit your comments; and a due date by which your comments must be received to ensure that they are fully considered.

If you are interested in receiving notice of new formal opinion requests via e-mail, you may visit the attorney general's web site at www.atg.wa.gov/AGOOpinions/default.aspx for more information on how to join our opinions ListServ.

The attorney general's office seeks public input on the following opinion request(s):


Request by Honorable Mike Kreidler
Washington State Insurance Commissioner
Opinion Docket No. 07-05-01

1. Is the confidentiality and privilege created by RCW 48.02.065 (1) and (6) mandatory, or may the Office of Insurance Commissioner (OIC), in its discretion, release working papers, documents, materials, or information produced by, obtained by, or disclosed to the OIC in the course of a financial or market conduct examination, in response to a public disclosure request under RCW 42.56, or in response to a subpoena directed to the OIC?

2. Does the confidentiality and privilege created by RCW 48.02.065 (1) and (6) apply to working papers, documents, materials, or information produced by, obtained by, or disclosed in the course of a financial or market conduct examination to a consultant or contractor acting under the direction of the OIC?

3. Do working papers, documents, materials or information produced by, obtained by, or disclosed to the OIC in the course of a financial or market conduct examination remain confidential and privileged pursuant to RCW 48.02.065 (1) and (6) even if a financial or market conduct examination report is never issued?

Washington State Code Reviser's Office