Rule ELPOC 3.4 - RELEASE OR DISCLOSURE OF OTHERWISE CONFIDENTIAL INFORMATION(a)Disclosure of Information. Except as provided in rule 3.2(c), the grievant, respondent LPO, or any witness may disclose the existence of proceedings under these rules or any documents or correspondence the person received.(b)Investigative Disclosure. The Board, Clerk, or other Association staff performing duties under these rules may disclose information as necessary to conduct the investigation or to keep a grievant advised of the status of a matter except as prohibited by rule 3.3(b), or 5.1(c)(3), other court order, or other applicable law.(c)Release Based upon Limited Practice Officer's Waiver. Upon a written waiver by an LPO, the Board may release the status of otherwise confidential disciplinary proceedings and provide copies of nonpublic information to any agency that an LPO authorizes to investigate the LPO's disciplinary record.(d)Response to Inquiry or False or Misleading Statement.(1) The Board, the Chair, the President, the Board of Governors, the Executive Director, or Chief Disciplinary Counsel, or the Director of Regulatory Services or a designee of any of them, may release otherwise confidential information: (A) to respond to specific inquiries about matters that are in the public domain; or(B) if necessary to correct a false or misleading public statement.(2) A respondent must be given notice of a decision to release information under this section unless the Board, the Chair, the President, the Board of Governors, the Executive Director, or the Chief Disciplinary Counsel, or the Director of Regulatory Services finds that notice would jeopardize serious interests of any person or the public or compromise an ongoing investigation.(e)Discretionary Release. The Chair, the Director of Regulatory Services, the Executive Director or the Chief Disciplinary Counsel may authorize the general or limited release of any confidential information obtained during an investigation when it appears necessary to protect the interests of clients or other persons, the public, or the integrity of the disciplinary process. A respondent must be given notice of a decision to release information under this section before its release unless the Chair, the Director of Regulatory Services, the Executive Director or the Chief Disciplinary Counsel finds that notice would jeopardize serious interests of any person or the public, or that the delay caused by giving the respondent notice would be detrimental to the integrity of the disciplinary process.(f)Cooperation with Enforcement Authorities. Except as provided in rule 3.2(c), information or testimony may be released to authorities in any jurisdiction authorized to investigate alleged criminal activity, and to the Washington State Department of Financial Institutions, and to the Washington Office of the Insurance Commissioner.(g)Release to Practice of Law Board. Information obtained in an investigation relating to possible unauthorized practice of law may be released to the Practice of Law Board. Such information shall remain under the control of the Limited Practice Board and the Practice of Law Board must treat it as confidential unless this title or the Board authorizes release.Wash. Admi. And. Prac. R. ELPOC 3.4
Adopted effective 1/1/2009.