N.D. Cent. Code § 6-13-05

6-13-05. Submission to commissioner

1. Upon request of the commissioner, a financial institution must submit a compliance

self-critical analysis audit document to the commissioner, or the commissioner's

designee, as a confidential document under the provisions of section 6-01-07, without

waiving the privilege set forth in this chapter to which the financial institution would

otherwise be entitled. However, the provisions of section 6-01-07 permitting the

commissioner to release confidential documents and make them accessible to federal

financial institution regulatory agencies does not apply to the compliance self-critical

analysis audit documents voluntarily submitted. To the extent the commissioner has

the authority to compel the disclosure of a compliance self-critical analysis audit

document under other provisions of applicable law, any report furnished to the

commissioner may not be provided to any other person or entity and must be

accorded the same confidentiality and other protections as provided above for

voluntarily submitted documents. Any use of a compliance self-critical analysis audit

document furnished as a result of a request of the commissioner, whether under a

claim of authority to compel disclosure or not, is limited to determining whether any

disclosed defects in a financial institution's policies or procedures or inappropriate

treatment of customers has been remedied or that an appropriate plan for their remedy

is in place. The commissioner may not impose any type of administrative fine or

penalty as to any area addressed or matter covered in a compliance self-critical

analysis audit document furnished at the commissioner's request, except when there is

clear and convincing evidence that the financial institution failed to undertake

reasonable corrective action, eliminate inappropriate treatment of customers, or failed

to implement an appropriate plan to rectify any noncompliance with state and federal

statutes, rules, and orders.

2. A financial institution's compliance self-critical analysis audit document submitted to

the commissioner remains subject to all applicable statutory or common-law privileges,

including the work product doctrine, attorney-client privilege, or the subsequent

remedial measures exclusion. A compliance self-critical analysis audit document

submitted to and in the possession of the commissioner remains the property of the

financial institution and is not subject to any disclosure or production under section

44-04-18.

3. Disclosure of a compliance self-critical analysis audit document to a governmental

agency, whether voluntary or pursuant to compulsion of law, does not constitute a

waiver of the privilege with respect to any other person or any other governmental

agency.