R982-401-5. Information

  (1) The department will comply with with Chapter 63G-2.

  (2) Client may review and copy anything in their case record unless it is confidential or information obtained by a third party.

  (a) The Client requests for release of information shall be in writing and include:

  (i) the date;

  (ii) the name of the person receiving the information;

  (iii) the time period covered by the information.

  (b) Information classified as confidential shall not be used in a hearing.

  (c) Information classified as confidential shall not be used to close, deny or reduce benefits.

  (d) Clients may request a copy of information from their file. Up to ten pages are free. If the client wants more than ten copies, the client must pay the cost of making the extra copies.

  (e) The client cannot take the case record from the office.

  (3) Releasing information to sources other than the client.

  (a) If the client wants information released to an authorized representative, the representative must be designated in writing by the client.

  (b) Information will not be released when it is to be used for a commercial or political purpose.

  (c) The client's permission will be obtained before sharing any information regarding their case record.

  (i) Information may be released without the client's permission if the outside source making the request has comparable rules for safeguarding information.

  (ii) Information may be released in an emergency. The director or designee will decide what constitutes an emergency.

  (4) Information released without the client's permission.

  (a) Information, with the exception of confidential information, may be released without the client's permission when that information is to be used in:

  (i) The administration of any federal or state means-tested program.

  (ii) Any audit or review of expenditures in connection with the HEAT or Moratorium program.

  (iii) Any investigation, prosecution, criminal or civil proceeding connected with the administration of the HEAT or Moratorium programs.

  (5) If a case file is subpoenaed by an outside source, the State HEAT Program Manager is contacted immediately. The State Program manager will consult with the legal counsel for the Housing and Community Development Division (HCD).