- (c) Information obtained during an investigation but not introduced in administrative proceedings shall not be subject to subpoena or discovery in any civil or criminal proceeding except that the Board may give such information to law enforcement and other state agencies as necessary and appropriate in the discharge of the duties of the Board and only under circumstances that ensure against unauthorized access to information.
- (a) The Act, at Section 46.24E, provides for certain records of the Board to be confidential and not open to the public for copying or viewing. They are:
- (1) Examination materials, before and after the examination is given;
- (2) File records of examination problem solutions;
- (3) Letters of inquiry and reference concerning Applicants;
- (4) Board inquiry forms concerning Applicants; and
- (5) Investigation files, including the original informal complaint, complainant's information, and any files not presented in a formal public hearing.
- (b) Upon request, the Board will examine its investigation files to determine the extent to which material contained in the file should be deemed not confidential and, therefore, may be disclosed. In all cases, the Board, upon inquiry, will confirm a complaint has or has not been received and that an investigation is pending or has been completed.
Amended at 16 Ok Reg 1333, eff 5-27-99
Amended at 24 Ok Reg 815, eff 5-11-07
Amended at 39 Ok Reg 817, eff 9-15-22
Amended at 42 Ok Reg, Number 21, effective 8-1-25