LD 1497
pg. 1
LD 1497 Title Page An Act To Amend the Laws Pertaining to the Department of Corrections Page 2 of 9
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LR 1961
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 5 MRSA §9057, sub-§6, as amended by PL 1997, c. 271, §1, is
further amended to read:

 
6. Confidential information. Information may be disclosed
that is confidential pursuant to Title 22, chapters 958-A and
1071 and sections 7703 and 1828; Title 24, section 2506; and
Title 34-A, except for information, the disclosure of which is
absolutely prohibited under Title 34-A, section 3003 1216.
Disclosure may be only for the determination of issues involving
unemployment compensation proceedings relating to a state
employee, state agency personnel actions and professional or
occupational board licensure, certification or registration.

 
A. For the purpose of this subsection, "hearing officer"
means presiding officer, judge, board chairman chair,
arbitrator or any other person considered responsible for
conducting a proceeding or hearing subject to this
subsection. In the case of the Civil Service Appeals Board,
the presiding officer is the entire board. "Employees of
the agency" means employees of a state agency or department
or members, agents or employees of a board who are directly
related to and whose official duties involve the matter at
issue.

 
B. The confidential information disclosed pursuant to this
subsection is subject to the following limitations:

 
(1) The hearing officer determines that introduction
of the confidential information is necessary for the
determination of an issue before the hearing officer;

 
(2) During the introduction of confidential
information, the proceeding is open only to the hearing
officer, employees of the agency, parties, parties'
representatives, counsel of record and the witness
testifying regarding the information, and access to the
information is limited to these people. Disclosure is
limited to information directly related to the matter
at issue;

 
(3) Witnesses are sequestered during the introduction
of confidential information, except when offering
testimony at the proceeding;

 
(4) The names or identities of reporters of
confidential information or of other persons may not be
disclosed, except when disclosure is determined
necessary and relevant by the hearing officer; and


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