3.__During investigation.__All complaints and investigative records of the board 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 subsection, an investigation is concluded when:

A.__A notice of an adjudicatory hearing as defined under Title 5, chapter 375, subchapter 1 has been issued;

B.__A consent agreement has been executed; or

C.__A letter of dismissal has been issued or the investigation has otherwise been closed.

4.__Exceptions.__Notwithstanding subsection 3, during the pendency of an investigation, a complaint or investigative record may be disclosed:

A.__To the department;

B.__To other state or federal agencies when the record contains evidence of possible violations of laws, rules or regulations enforced by those agencies or as the board or the board's designee considers appropriate;

C.__When and to the extent considered necessary by the director to avoid imminent and serious harm.__The authority of the director to make such a disclosure may not be delegated;

D.__Pursuant to rules adopted by the board, 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; or

E.__To the person investigated on request of that person. The director may refuse to disclose part or all of any investigative information, including the existence of an investigation if the director determines that disclosure would prejudice the investigation. The authority of the director to make such a determination may not be delegated.

§1053.__Disciplinary action by the board