(a) Reports of investigation and examination, together with related documents and financial information not normally available to the public that is submitted in confidence by a person regulated under this article, including, but not limited to, that persons evaluation of the expected outcome of pending litigation, are confidential and may not be disclosed to the public by the commissioner or employees of the Division of Financial Institutions, and are not subject to the states freedom of information act. The commissioner may release information if:
(1) The commissioner finds that immediate and irreparable harm is threatened to the licensees customers or potential customers or the general public;