Title 10, Chapter 5A, Section 24
( 10-5A-24)
(a) This chapter shall be administered by the office of the
Secretary of State who is designated Commissioner of Securities. (b) The Commissioner shall have authority to employ examiners,
clerks, stenographers, and other employees as the administration of
that portion of this chapter vested in him may require. The
Commissioner shall also have authority to appoint and employ
investigators who shall have, in any case that there is reason to
believe a violation of this chapter has occurred or is about to
occur, the right and power to serve subpoenas and to swear out and
execute search warrants and arrest warrants. (c) The Commissioner and any persons employed by him shall be paid,
in addition to their regular compensation, the transportation,
board, lodging, and other travel expenses necessary and actually
incurred by each of them in the performance of their duties under
this chapter. (d) The Commissioner shall appoint, with the approval of the
Governor, a person as assistant commissioner and delegate such of
his powers and duties under this chapter to such assistant
commissioner as he desires. (e) Neither the Commissioner nor any employees of the Commissioner
shall use any information which is filed with or obtained by the
Commissioner which is not public information for personal gain or
benefit, nor shall the Commissioner or any employees of the
Commissioner conduct any securities or commodity dealings whatsoever
based upon any such information, even though public, if there has
not been a sufficient period of time for the securities or commodity
markets to assimilate such information. (f)(1) Except as provided in paragraph (2) of this subsection, all
information collected, assembled, or maintained by the
Commissioner is public information and is available for
examination by the public. (2) The following are exceptions to paragraph (1) of this
subsection and are deemed to be confidential: (A) Information obtained in private investigations pursuant to Code Section 10-5A-20; (B) Information designated as confidential by any rule,
regulation, or order of the Commissioner; and (C) Information obtained from federal agencies which may not be
disclosed under federal law. (3) The Commissioner in his discretion may disclose any information made confidential under subparagraph (A) of paragraph (2) of this subsection to persons identified in subsection (a) of Code Section 10-5A-25. (4) No provision of this chapter either creates or derogates any
privilege which exists at common law, by statute, or otherwise
when any documentary or other evidence is sought under a subpoena
directed to the Commissioner or any employee of the Commissioner. |