Section 2.64.950. Confidentiality.

	(a)  A document filed with or prepared by the office in an administrative hearing is confidential only as provided by law or court order. An agency or other party filing a confidential document shall provide written notice to the administrative law judge and the other parties of the confidentiality of the document and the law or court order requiring confidentiality.  
	(b)  An administrative law judge assigned to hear an administrative hearing, or to oversee or conduct alternative dispute resolution, may order the parties to file documents under seal and keep them confidential if confidentiality is required by law. An administrative law judge will close all or a portion of a proceeding to the public if necessary to prevent disclosure of confidential information, and may close all or a portion of a proceeding to the public to protect the privacy of a non-party witness.  
	(c)  A complaint under 2 AAC 64.070 of a violation of 2 AAC 64.010 - 2 AAC 64.050, and consideration of the complaint under 2 AAC 64.080, is confidential until final action by the attorney general, if the complaint is referred to the attorney general, or by the chief administrative law judge, if it was not, unless a court order or an agreement between the complaining person and the hearing officer or administrative law judge named in the complaint requires disclosure. However, the office will provide a copy of the complaint to the hearing officer or administrative law judge who is the subject of the complaint.  
	(d)  An administrative law judge may not admit into the record, or rely upon in reaching a proposed or final decision, a document required by law to be kept confidential unless the document is available to the parties or unless the administrative law judge can provide a party without access an alternate means of using or refuting the facts evidenced by the document that is consistent with principles of fairness and due process.  
	(e)  Nothing in this section prohibits the office from publishing the decisions of the office or reporting on complaints alleging violations of 2 AAC 64.010 - 2 AAC 64.050 if the office can protect against disclosure of confidential information by means that include using pseudonyms, redacting identifiers or confidential information, and generalizing information to conceal private or confidential details.  

Authorities

44.64.020;44.64.040;44.64.060;44.64.070;44.64.080;44.64.090

Notes

Authority

AS 44.64.020 AS 44.64.040 AS 44.64.060 AS 44.64.070 AS 44.64.080 AS 44.64.090

History

Eff. 7/2/2006, Register 178