Current through Register Vol. XLI, No. 50, December 13, 2024
Section 158-5-7 - Confidentiality Requirements7.1. The commission shall keep all matters or information received by the commission and the investigative panel relating to a complaint, including the identity of the complainant and respondent, confidential except as otherwise provided by this rule.7.2. If the respondent agrees in writing to a release of information, the commission may disclose any information relating to a complaint or an investigation to the public at any time.7.3. Upon a finding by an investigative panel that probable cause exists to believe that there has been a material violation of one of the prohibitions in 158 CSR 13, the complaint and all reports, records, non-privileged and non-deliberative material used to determine probable cause of a violation are thereafter not confidential: Provided, That confidentiality of the information remains in full force and effect until the respondent has been served by the commission with a copy of the investigative panel's order finding probable cause and with the statement of charges.7.4. After a finding of probable cause any subsequent hearing held for the purpose of receiving evidence or the arguments of the parties or their representatives shall be open to the public and all reports, records and non-deliberative materials introduced into evidence as well as the commission's orders, are not confidential.7.5. The complaint as well as the identity of the complainant shall be disclosed to a person named as respondent in any complaint filed with the commission immediately upon the respondent's request.7.6. The commission may release any information relating to an investigation at any time if the release has been agreed to in writing by the respondent.7.7. The commission may order a person filing a complaint to be bound to confidentiality if the commission makes a finding that there is a reasonable likelihood that the dissemination of information regarding a pending or imminent proceeding will interfere with a fair hearing or otherwise prejudice the due administration of justice.