Section 21.25.350. Dispute over confidentiality of agency record.

	(a)  If an agency asserts that a record is confidential, including an assertion that a specific disclosure proposed by the ombudsman would not be permitted by law, the ombudsman may request that the agency state, in writing, the state or federal law relied upon by the agency.  
	(b)  If the ombudsman believes that the agency's interpretation of the law is incorrect, the ombudsman will attempt to resolve the dispute. This may include requesting that the agency obtain an opinion from the Department of Law regarding the confidentiality of the disputed record. While attempting to resolve the dispute, the ombudsman shall restrict disclosure of the record in accordance with the agency's interpretation.  
	(c)  If, after attempting to resolve the dispute, the ombudsman and the agency still disagree regarding the confidentiality of the record, the ombudsman may  
		(1) recommend to the agency, in a confidential investigative report, that the agency disclose the disputed record to the governor, the legislature, a grand jury, or the public, as applicable;  
		(2) seek a declaratory judgment in superior court to rule on the ombudsman's proposed disclosure of the record; or  
		(3) provide written notice to the head of the agency and to the Department of Law that the ombudsman intends to disclose the disputed record in 15 days, absent an injunction or other court order prohibiting the disclosure. The written notice will state the extent of the proposed disclosure, including whether the ombudsman proposes to include the disputed record in a public report, and the reasons that the ombudsman believes that disclosure of the record complies with AS 24.55.160(b). The ombudsman will also provide written notice to a person to whom the record pertains, at that person's last known address, to the extent that the ombudsman is reasonably able to determine the relevant persons from review of the disputed record.  

Authorities

24.55.090;24.55.160

Notes

Authority

AS 24.55.090 AS 24.55.160

History

Eff. 6/7/2015, Register 214