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Title 20 . Miscellaneous Boards and Commissions
Chapter 5 . Mental Health Trust Authority
Section 1930. Confidential records and information

20 AAC 05.1930. Confidential records and information

(a) Except as provided in (b) and (c) of this section, the books, records, papers, files, and writings of the commission are public records and are open to inspection by the public during regular office hours.

(b) The following information is confidential and shall not be open to inspection by the public unless waived by the appropriate party:

(1) communications relating to personnel matters and medical or other personal information which, under governing personnel practices of the State of Alaska, are not public information;

(2) information and data relating to the commission's budget and legislative proposals prior to the time they are acted upon by the governor and the legislature;

(3) communications between legal counsel and the commission or its staff, regarding matters requiring confidential legal advice or assistance;

(4) reports concerning the landings of fish, shellfish, or fishery products; annual statistical reports of buyers and processors required by regulation of the Department of Fish and Game; data obtained from research conducted by the Commercial Fisheries Entry Commission in establishing maximum and optimum numbers; and information derived from those reports and that data, except when presented in a manner that prevents the identification of particular reports, data or persons;

(5) copies of state and federal income tax returns provided by an applicant for an interim-use permit or entry permit, other statements relating to personal income by such an applicant, information relating to specific monetary transactions between an applicant or permit holder and the commission, and information derived from such reports and statements except information presented in a manner that prevents the identification of particular reports or persons;

(6) transfer information surveys and written transfer agreements or written statements of oral transfer agreements required in support of a request for transfer of an entry permit;

(7) information filed by a permit holder concerning the person designated to receive the permit holder's permit in the event of his or her death.

(c) Preliminary information and material relating to an investigation is not subject to disclosure until the investigation is complete or formal proceedings have been initiated. If, after an investigation is complete, no formal proceeding has been initiated, information and material relating to the investigation may be released only to the subject individual or a law enforcement agency.

(d) Information which is confidential under (b) of this section will, in the commission's discretion, be released to a law enforcement agency and will, in the commission's discretion, be used in connection with a commission proceeding under 20 AAC 05.1800 - 20 AAC 05.1870.

History: Eff. 12/18/74, Register 52; am 2/25/77, Register 61; am 7/7/77, Register 63; am 12/30/82, Register 84; am 2/29/84, Register 89; am 5/20/90, Register 114

Authority: Art. I, sec. 22,

Alaska Const.

AS 16.05.815

AS 16.43.110

AS 40.25.110

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Last modified 7/05/2006