HP0944, LD 1301, item 1, An Act Regarding the Confidentiality of Investigations by the Bureau of Forestry

An Act Regarding the Confidentiality of Investigations by the Bureau of Forestry

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

Sec. 1. 12 MRSA §8006 is enacted to read:

§ 8006. Confidentiality of complaints and investigative records

1. During investigation. All complaints and investigative records of the Department of Agriculture, Conservation and Forestry, referred to in this section as "the department," related to violations of this Part are confidential during the pendency of an investigation. Those records become public records upon the conclusion of an investigation unless confidentiality is required by some other provision of law. For purposes of this section, an investigation is concluded when:

A. A notice of an adjudicatory hearing under Title 5, chapter 375, subchapter 5 has been issued;

B. A consent agreement has been executed;

C. An enforcement proceeding has been filed in a court of competent jurisdiction; or

D. The investigation has been closed.

2. Exceptions. Notwithstanding subsection 1, during the pendency of an investigation, a complaint or investigative record may be disclosed:

A. To department employees designated by the Commissioner of Agriculture, Conservation and Forestry;

B. By a department employee or complaint officer designated by the Commissioner of Agriculture, Conservation and Forestry when and to the extent considered necessary to facilitate the investigation;

C. To other state or federal agencies when the files contain evidence of possible violations of laws enforced by those agencies;

D. When and to the extent considered necessary by the Commissioner of Agriculture, Conservation and Forestry to avoid imminent and serious harm. The authority of the commissioner to make such a disclosure may not be delegated;

E. Pursuant to rules adopted by the department, when it is determined that confidentiality is no longer warranted due to general public knowledge of the circumstances surrounding the complaint or investigation and when the investigation would not be prejudiced by the disclosure; and

F. To the person investigated on that person's request. The Commissioner of Agriculture, Conservation and Forestry may refuse to disclose part or all of any investigative information, including the fact of an investigation, when the commissioner determines that disclosure would prejudice the investigation. The authority of the commissioner to make such a determination may not be delegated.

3. Attorney General records. The provision or disclosure of investigative records of the Department of the Attorney General to a department employee designated by the Commissioner of Agriculture, Conservation and Forestry does not constitute a waiver of the confidentiality of those records for any other purposes. Further disclosure of those investigative records is subject to Title 16, section 804 and the discretion of the Attorney General.

4. Violation. A person who knowingly or intentionally makes a disclosure in violation of this section commits a civil violation for which a fine not to exceed $1,000 may be adjudged.

summary

This bill makes all complaints and investigative records of the Department of Agriculture, Conservation and Forestry related to violations of the forestry laws confidential during the pendency of an investigation. The bill provides exceptions to allow disclosures to department employees and other agencies and otherwise as determined warranted by the Commissioner of Agriculture, Conservation and Forestry. The provision or disclosure of investigative records of the Department of the Attorney General to a Department of Agriculture, Conservation and Forestry employee designated by the commissioner does not constitute a waiver of the confidentiality of those records. A person who knowingly or intentionally makes a disclosure in violation of this provision commits a civil violation for which a fine not to exceed $1,000 may be adjudged.

HP0944 LD 1301	Session - 129th Maine Legislature		LR 1424 Item 1
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