1. (1) Information obtained from or about a client will not be published or open to public inspection in any manner that would reveal a client's identity except for the following circumstances.

   1. (a)(i) There has been a criminal conviction against the client for fraud in obtaining public assistance.

      1. (ii) The Department will provide only the information available in the public record on the criminal charge.
   2. (b) If an abstract has been docketed in the district court on an overpayment, the Department may provide information that is a matter of public record in the abstract.

2. (2) Any information obtained by the Department pursuant to an application for or payment of public assistance may not be used in any court or admitted into evidence in an action or proceeding, except:

   1. (a) in an action or proceeding arising out of the client's receipt of public assistance, including fraudulently obtaining or retaining public assistance, or any attempt to fraudulently obtain public assistance; or
   2. (b) where obtained pursuant to a court order.
3. (3) If the case file, or any information about a client in the possession of the Department, is subpoenaed by an outside source, legal counsel for the Department will ask the court to quash the subpoena or take any other action as legal counsel deems appropriate.

4. (4) Information obtained by the Department from a client or any other source, except information obtained from an income match, may be disclosed to:

   1. (a) an employee of the Department in the performance of the employee's duties unless prohibited by law;
   2. (b) an employee of a governmental agency that is specifically identified and authorized by federal or state law to receive the information;
   3. (c) an employee of a governmental agency to the extent the information will aid in the detection or avoidance of duplicate, inconsistent, or fraudulent claims against public assistance programs, or the recovery of overpayments of public assistance funds;
   4. (d) an employee of a law enforcement agency to the extent the disclosure is necessary to avoid a significant risk to public safety or to aid a felony criminal investigation; except no information regarding a client receiving SNAP assistance may be provided under Subsection R986-100-110(4);

   5. (e)(i) to a law enforcement officer when the client is fleeing to avoid prosecution, custody, or confinement for a felony or is in violation of a condition of parole or probation or when the client has information which will assist a law enforcement officer in locating or apprehending an individual who is fleeing to avoid prosecution, custody, or confinement for a felony or is in violation of a condition of parole or probation and the officer is acting in their official capacity;

      1. (ii) the only information that may be released concerning a client receiving SNAP is the client's address, SSN, and photographic identification;

   6. (f)(i) to a law enforcement official, upon written request, for the purpose of investigating an alleged violation of the Food and Nutrition Act, 7 USC 2011 et seq., or any regulation promulgated pursuant to the Act;

      1. (ii) the written request shall include the identity of the individual requesting the information and their authority to do so, the violation being investigated, and the identity of the person being investigated; and
      2. (iii) the Department may release to the law enforcement official more than just the client's address, SSN, and photo identification;
   7. (g) an educational institution, or other governmental entity engaged in programs providing financial assistance or federal needs-based assistance, job training, child welfare or protective services, foster care or adoption assistance programs, and to individuals or other agencies or organizations who, at the request of the Department, are coordinating services and evaluating the effectiveness of those services;

   8. (h) to certify receipt of assistance for an employer to get a tax credit; or

      1. (i) information necessary to complete any audit or review of expenditures in connection with a Department public assistance program and any information provided will be safeguarded by the individual or agency receiving the information and will only be used for the purpose expressed in its release.

5. (5) Any information released under Subsection R986-100-110(4) may only be released if the Department receives assurances that:

   1. (a) the information being released will be used only for the purposes stated when authorizing the release; and
   2. (b) the agency making the request has rules for safeguarding the information that are at least as restrictive as the rules followed by the Department and that the agency will adhere to those rules.
6. (6) Case records or files will not be removed from the local office except by court order, or at the request of authorized Department employees, the Department's Information Disclosure Officer, the Department's Quality Control office, or ORS.
7. (7) In an emergency, as determined to exist by the Department's Information Disclosure Officer, information may be released to persons other than the client before permission is obtained.
8. (8) For clients receiving CC, the Department may provide limited additional information to the child care provider identified by the client as the provider as provided in Section R986-700-703.
9. (9) Taxpayer requests to view public assistance payrolls shall be denied.

KEY: employment support procedures, hearing procedures, public assistance, SNAP

Date of Last Change: December 29, 2022

Notice of Continuation: August 14, 2025

Authorizing, and Implemented or Interpreted Law: 35A-3-101 et seq.; 35A-3-301 et seq.; 35A-3-401 et seq.