1. (1) The Department will comply with Title 63G, Chapter 2, Government Records Access and Management Act.

2. (2) A client may review and copy records in the client's case record unless it is confidential information or information obtained from a third party.

   1. (a) A client's request for release of information shall be submitted in writing and include:

      1. (i) the date;
      2. (ii) the name of the person receiving the information; and
      3. (iii) the time period covered by the information.
   2. (b) Confidential information shall not be used in a hearing.
   3. (c) Confidential information shall not be used to close a client's claim, or to deny or reduce assistance.
   4. (d) If the client requests a copy of information from the the client's file, up to ten pages will be provided without charge. The client shall pay the cost of making copies of additional pages.
   5. (e) The client cannot take the case record from the office.

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

   1. (a) If the client requests that information be released to an authorized representative, the client must designate the representative in writing.
   2. (b) Information will not be released if it is to be used for a commercial or political purpose.

   3. (c) The Department will not release information without the client's permission.

      1. (i) Information may be released without the client's permission if the outside source making the request has comparable rules for safeguarding information.
      2. (ii) Information may be released in an emergency. The director or the director's designee will decide what constitutes an emergency.

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

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

      1. (i) the administration of a federal or state means-tested program;
      2. (ii) an audit or review of expenditures in connection with the HEAT or moratorium programs; and
      3. (iii) an investigation, prosecution, or criminal or civil proceeding connected with the administration of the HEAT or moratorium programs.
5. (5) If a case record is subpoenaed by an outside source, the state HEAT program manager will be contacted immediately. The state program manager will consult with legal counsel for the Housing and Community Development Division.

KEY: client rights, hearings, confidentiality of information

Date of Last Change: June 14, 2022

Notice of Continuation: June 17, 2022

Authorizing, and Implemented or Interpreted Law: 35A-8-1403