Okla. Stat. tit. 27A, § 27A-1-4-118
This is the official text of Okla. Stat. tit. 27A, § 27A-1-4-118, part of Oklahoma’s Stat. tit. 27A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 27A,." Browse the sections below, each linked to its official government source.
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Privilege in criminal proceedings – Review of
Official statutory text
privileged information required under state or federal law.
A. If an audit report is obtained, reviewed or used in a
criminal proceeding, the administrative or civil evidentiary
Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 52
privilege established by Section 5 of this act is not waived or
eliminated for any other purpose.
B. Notwithstanding the privilege established by Section 5 of
this act, a regulatory agency may review information that is
required to be available under a specific state or federal law, but
that review does not waive or eliminate the administrative or civil
evidentiary privilege if applicable.
C. If information is required to be available to the public by
operation of a specific state or federal law, the governmental
authority shall notify the person claiming the privilege of the
potential for public disclosure before obtaining the information
under subsection A or B of this section.
D. If privileged information is disclosed under subsection B or
C of this section on the motion of a party, a court or the
appropriate administrative official shall suppress evidence offered
in any civil or administrative proceeding that arises or is derived
from review, disclosure or use of information obtained under this
section unless the review, disclosure or use is authorized under
Section 8 of this act. A party having received information under
subsection B or C of this section has the burden of proving that the
evidence offered did not arise and was not derived from the review
of privileged information.
A. If an audit report is obtained, reviewed or used in a
criminal proceeding, the administrative or civil evidentiary
Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 52
privilege established by Section 5 of this act is not waived or
eliminated for any other purpose.
B. Notwithstanding the privilege established by Section 5 of
this act, a regulatory agency may review information that is
required to be available under a specific state or federal law, but
that review does not waive or eliminate the administrative or civil
evidentiary privilege if applicable.
C. If information is required to be available to the public by
operation of a specific state or federal law, the governmental
authority shall notify the person claiming the privilege of the
potential for public disclosure before obtaining the information
under subsection A or B of this section.
D. If privileged information is disclosed under subsection B or
C of this section on the motion of a party, a court or the
appropriate administrative official shall suppress evidence offered
in any civil or administrative proceeding that arises or is derived
from review, disclosure or use of information obtained under this
section unless the review, disclosure or use is authorized under
Section 8 of this act. A party having received information under
subsection B or C of this section has the burden of proving that the
evidence offered did not arise and was not derived from the review
of privileged information.
Status: in_force · Read it on the official government site
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