S.D. Admin. R. 20:04:33:53

Current through Register Vol. 51, page 57, November 12, 2024

Section 20:04:33:53 - Confidentiality

The following information is considered confidential and is not subject to public disclosure except pursuant to a court order:

(1) Tax statements and information received by the commission during the licensing process or otherwise received at the request of the commission or executive secretary;

(2) The account information of individual account holders;

(3) Any account holder information or information submitted in the operating plan required by § 20:04:33:26 the disclosure of which may be harmful to the competitive position of the hub operation;

(4) Communications between the commission and the executive secretary relating to licensing, disciplining of licensees, or violations by licensees which are privileged, if made lawfully and in the course of and in furtherance of the business of the commission on gaming. The executive secretary, the commission, or any member of the commission may claim this privilege.

The confidentiality provisions do not apply to requests for such information or records made by the governor; attorney general; the states attorney of the county in which the hub is located; officers, employees, or legal representatives of the Department of Revenue and Regulation for the purpose of and only to the extent necessary in the investigation and audit procedures authorized by Title 10; law enforcement officers of any other municipality, county, or state or federal agency or department for a law enforcement activity if the head of that agency or department requesting such information makes a written request to the executive secretary specifying the particular information requested and specifying the law enforcement activity for which the information is sought; the confidentiality provisions do not apply to the use of such information or records by the executive secretary or commission for official purposes.

This section may not be construed to make confidential the aggregate tax collections during any reporting period, the names and business of any license, figures showing the aggregate amount of money wagered during any reporting period, or requests by host tracks for information which the hub licensee is required by contract to provide to the host tracks.

S.D. Admin. R. 20:04:33:53

32 SDR 32, effective 8/30/2005.

General Authority: SDCL 42-7-56(15)(16).

Law Implemented: SDCL 42-7-56(15), 42-7-56(16), 42-7-58.1.