1. (1) The division shall establish procedures by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to ensure that a record maintained by the ombudsman is disclosed only at the discretion of and under the authority of the ombudsman.

2. (2) The identity of a complainant or a party named in the complaint may not be disclosed by the ombudsman unless:

   1. (a) the complainant or a legal representative of the complainant consents to the disclosure;
   2. (b) disclosure is ordered by a court of competent jurisdiction; or

   3. (c) the disclosure is approved by the ombudsman and is made, as part of an investigation involving the complainant, to an agency or entity in the community that:

      1. (i) has statutory responsibility for the complainant, over the action alleged in the complaint, or another party named in the complaint;
      2. (ii) is able to assist the ombudsman to achieve resolution of the complaint; or
      3. (iii) is able to provide expertise that would benefit the complainant.
3. (3) Neither the ombudsman nor the ombudsman's designee may be required to testify in court with respect to confidential matters, except as the court finds necessary to enforce this part.

Renumbered and Amended by Chapter 308, 2023 General Session