(1) All information, documents, materials, and copies of documents and materials submitted to, obtained by, or disclosed to the commissioner in connection with a plan of division or in contemplation of a plan of division, including any information, documents, materials, or copies provided by or on behalf of a domestic stock insurer in advance of its adoption or submission of a plan of division, are confidential and subject to the same protection and treatment described in section 10-3-808 for information and documents disclosed to or obtained by the commissioner in the course of an examination or investigation made under section 10-3-806, until the time that a notice of the hearing required by section 10-3-1708 is issued. (2) After the issuance of a notice of the hearing required by section 10-3-1708, all business, financial, actuarial, and other proprietary information for which the domestic stock insurer requests confidential treatment, other than the plan of division and any materials incorporated by reference into or otherwise made a part of the plan of division that must not be eligible for confidential treatment after the issuance of a notice of the hearing, continues to be confidential, is not available for public inspection, and is subject to the same protection and treatment as described in section 10-3-808 for information and documents disclosed to or obtained by the commissioner in the course of an examination or investigation made under section 10-3-806. However, if the commissioner determines that the public's interest in making the information available for public inspection outweighs the interest of the dividing insurer in keeping the information confidential, the commissioner may, after notice and an opportunity to be heard, make the information available for public inspection in accordance with the "Colorado Open Records Act", part 2 of article 72 of title 24.
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