R590-149-7. Classification of Records

(1) Records created in administering this rule are classified as "protected" under Subsection 63G-2-305(9), (22), (24), and (25).

(2) After issuing a decision under Section R590-149-5 or a final decision upon appeal under Section R590-149-6, portions of the record pertaining to the complainant's medical condition shall remain classified as "private" as defined under Section 63G-2-302(1)(b) or "controlled" as defined in Section 63G-2-304, as consistent with 42 U.S.C. 12112(d)(4)(A), (B), and (C) and 42 U.S.C. 12112(d)(3)(B) and (C), at the option of the ADA coordinator.

(a) The written decision of the division director or commissioner shall be classified as "public" information. All other records, except "controlled" records under Subsection R590-149-7(2), shall be classified as "private."