- A. VR shall maintain and use all information collected from an individual as required under federal, state, and Department laws, regulations, policies, and procedures.
B. Release of information. VR shall release requested Primary Source Information in a timely manner when requested in writing by an Applicant, VR Client, or Authorized Representative.
1. Medical, psychological, or other information that VR determines as having the potential to be harmful to an Applicant or VR Client shall only be provided to an Applicant, VR Client, or Authorized Representative through a third-party, chosen by or agreed to by the individual, who can aid the individual in appropriately interpreting the information being provided.
- a. VR shall release Primary Source Information to protect the individual or others when the individual poses a threat to the individual’s own safety or to the safety of others;
- b. VR shall release information to local or tribal law enforcement or protective services agencies, as required by law.
2. VR shall only release an individual’s information with the signed consent of the individual or the individual’s legal representative except:
- a. VR may release Primary Source Information and Secondary Source Information for purposes directly connected with the administration of the VR program. The information released shall not exceed the minimum information that is necessary to achieve the goals for which the information is being provided. Consent for this release is given by the individual when the VR Application Form is signed.
- b. VR may release Primary Source Information in response to investigations in connection with law enforcement, fraud, or abuse unless prohibited by federal or state laws or regulations, and in response to an order issued by a judge, magistrate, or other authorized judicial officer.
- c. VR may release any document that communicates a VR decision in addition to any other document with consent of the VR Client.
- d. VR may release Primary Source Information as described under 34 CFR 361.38(d).
- C. An Applicant or VR Client who believes that information in the Applicant’s or VR Client’s record is inaccurate or misleading after review of requested information may request that the information be amended. If the information is not amended, the request for amendment shall be maintained in the Applicant’s or VR Client’s record.
- D. VR shall only request information that is directly relevant to an individual’s eligibility, rehabilitation needs, and the success of the individual’s rehabilitation program.
Historical Note
New Section made by final rulemaking at 31 A.A.R. 3921 (October 3, 2025), effective November 2, 2025 (Supp. 25-3).