§ 8 §1052 — Confidentiality

All reports, information or records compiled by the board or the department pursuant to this subchapter regarding noncompliance with or violation of this chapter by an applicant, licensee, owner or key executive are confidential, except that the board may disclose any confidential information as follows.
1.
Hearings or proceedings.
Confidential information may be released in an adjudicatory hearing or informal conference before the board or in any subsequent formal proceeding to which the information is relevant.
2.
Consent agreements or settlements.
Confidential information may be released in a consent agreement or other written settlement when the information constitutes or pertains to the basis of board action.
3.
During investigation.
All complaints and investigative records of the board are confidential during the pendency of an investigation. Notwithstanding section 1006, the complaints and records become public records upon the conclusion of an investigation unless confidentiality is required by some other provision of law. For purposes of this subsection, an investigation is concluded when:
4.
Exceptions.
Notwithstanding subsection 3, during the pendency of an investigation, a complaint or investigative record may be disclosed:

Legislative History

PL 2003, c. 687, §A5 (NEW). PL 2003, c. 687, §B11 (AFF). PL 2005, c. 11, §§2,3 (AMD).