§100-A. Confidentiality of complaints and investigative records

1.  During investigation.  All complaints and investigative records of the commission are confidential during the pendency of an investigation. Those records become public records upon the conclusion of an investigation unless confidentiality is required by some other provision of law. For purposes of this section, an investigation is concluded when:

A. A notice of an adjudicatory hearing under Title 5, chapter 375, subchapter IV has been issued;   [PL 1999, c. 355, §22 (NEW).]

B. The complaint has been listed on a meeting agenda of the commission;   [PL 1999, c. 355, §22 (NEW).]

C. A consent agreement has been executed; or   [PL 1999, c. 355, §22 (NEW).]

D. A letter of dismissal has been issued or the investigation has otherwise been closed.   [PL 1999, c. 355, §22 (NEW).]

[PL 1999, c. 355, §22 (NEW).]

2.  Exceptions.  Notwithstanding subsection 1, during the pendency of an investigation, a complaint or investigative record may be disclosed:

A. To department employees designated by the commissioner;   [PL 1999, c. 355, §22 (NEW).]

B. To designated complaint officers of the commission;   [PL 1999, c. 355, §22 (NEW).]

C. By a department employee or complaint officer designated by the commissioner when and to the extent considered necessary to facilitate the investigation;   [PL 1999, c. 355, §22 (NEW).]

D. To other state or federal agencies when the files contain evidence of possible violations of laws enforced by those agencies;   [PL 1999, c. 355, §22 (NEW).]

E. When and to the extent considered necessary by the commissioner to avoid imminent and serious harm. The authority of the commissioner to make such a disclosure may not be delegated;   [PL 1999, c. 355, §22 (NEW).]

F. Pursuant to rules adopted by the department, when it is determined that confidentiality is no longer warranted due to general public knowledge of the circumstances surrounding the complaint or investigation and when the investigation would not be prejudiced by the disclosure; and   [PL 1999, c. 355, §22 (NEW).]

G. To the person investigated on that person's request. The commissioner may refuse to disclose part or all of any investigative information, including the fact of an investigation, when the commissioner determines that disclosure would prejudice the investigation. The authority of the commissioner to make such a determination may not be delegated.   [RR 1999, c. 1, §53 (COR).]

[RR 1999, c. 1, §53 (COR).]

3.  Violation.  A person who knowingly or intentionally makes a disclosure in violation of this section commits a civil violation for which a forfeiture not to exceed $1,000 may be adjudged.

[PL 1999, c. 355, §22 (NEW).]

SECTION HISTORY

RR 1999, c. 1, §53 (COR). PL 1999, c. 355, §22 (NEW).