An Act To Protect Certain Administrative Licensing Files

Sec. 1. 32 MRSA §7391  is enacted to read:

§ 7391.  Confidentiality of application, information and other specified records collected by the commissioner

Notwithstanding Title 1, chapter 13, subchapter 1, and except as otherwise provided in this section, all applications for a license to be a polygraph examiner; any records made a part of the application, refusals and any information of record collected by the commissioner during the process of ascertaining whether an applicant meets the requirements of sections 7382 and 7388; and all records collected by the commissioner during the course of administrative licensing investigations conducted in response to a complaint made against a licensee are confidential and may not be made available for public inspection or copying, except that the final written decision of whether a license is issued or denied, or of whether, in response to a complaint, adverse action is taken against a licensee's license, is publicly accessible. In the case of the issuance or denial of a license, the final written decision must state the basis for which a license is issued or denied, and, in the case of a complaint against a licensee's license, the final written decision must state the basis for which adverse action was or was not taken against the license. The applicant may waive this confidentiality by written notice to the commissioner. All proceedings relating to the issuance of a license to be a polygraph examiner are not public proceedings under Title 1, chapter 13, unless otherwise requested by the applicant. This section does not limit disclosure for criminal justice purposes or to a government licensing agency of this State or another state of records made confidential under this section.

The commissioner shall make a permanent record of each license to be a polygraph examiner in a suitable file kept for that purpose. The record must include a copy of the information included on issued licenses and must be available for public inspection.

Sec. 2. 32 MRSA §8124,  as enacted by PL 2015, c. 295, §1, is repealed.

Sec. 3. 32 MRSA §8124-A  is enacted to read:

§ 8124-A.  Confidentiality of application, information and other specified records collected by the chief

Notwithstanding Title 1, chapter 13, subchapter 1, and except as otherwise provided in this section, all applications for a license to be a professional investigator; any records made a part of the application, refusals and any information of record collected by the chief during the process of ascertaining whether an applicant is of good moral character and meets the additional requirements of sections 8105 and 8113; and all records collected by the chief during the course of administrative licensing investigations conducted in response to a complaint made against a licensee are confidential and may not be made available for public inspection or copying, except that the final written decision of whether a license is issued or denied, or of whether, in response to a complaint, adverse action is taken against a licensee's license, is publicly accessible. In the case of the issuance or denial of a license, the final written decision must state the basis for which a license is issued or denied, and, in the case of a complaint against a licensee's license, the final written decision must state the basis for which adverse action was or was not taken against the license. The applicant may waive this confidentiality by written notice to the chief. All proceedings relating to the issuance of a license to be a professional investigator are not public proceedings under Title 1, chapter 13, unless otherwise requested by the applicant. This section does not limit disclosure for criminal justice purposes or to a government licensing agency of this State or another state of records made confidential under this section.

The chief shall make a permanent record of each license to be a professional investigator in a suitable file kept for that purpose. The record must include a copy of the information included on issued licenses and must be available for public inspection.

Sec. 4. 32 MRSA §9418,  as amended by PL 2011, c. 662, §20, is further amended to read:

§ 9418. Confidentiality of application and information collected by the commissioner

Notwithstanding Title 1, chapter 13, subchapter 1, all applications for a license to be a contract security company and any documents made a part of the application, refusals and any information of record collected by the commissioner during the process of ascertaining whether an applicant is of good moral character and meets the additional requirements of sections 9405 and 9411-A, and all information of record collected by the commissioner during the process of ascertaining whether a natural person meets the requirements of section 9410-A, are confidential and may not be made available for public inspection or copying , except that the final written decision of whether a license is issued or denied, or of whether, in response to a complaint, adverse action is taken against a licensee's license, is publicly accessible. In the case of the issuance or denial of a license, the final written decision must state the basis for which a license is issued or denied, and, in the case of a complaint against a licensee's license, the final written decision must state the basis for which adverse action was or was not taken against the license. The applicant or natural person may waive this confidentiality by written notice to the commissioner. All proceedings relating to the issuance of a license to be a contract security company are not public proceedings under Title 1, chapter 13, unless otherwise requested by the applicant. This section does not limit disclosure for criminal justice purposes or to a government licensing agency of this State or another state of records made confidential under this section.

The commissioner or his designee shall make a permanent record of each license to be a contract security company in a suitable book or file kept for that purpose. The record shall must include a copy of the license and shall must be available for public inspection. Upon a specific request, the commissioner or his the commissioner's designee shall provide a list of names and current addresses of security guards employed by licensed contract security companies.

SUMMARY

This bill makes polygraph examiner and professional investigator administrative licensing files confidential by law, except the final written decision of whether a license is issued or denied, or of whether, in response to a complaint, adverse action is taken against a licensee's license, is publicly accessible and records may be disclosed for criminal justice purposes or to a government licensing agency of this State or another state. In the case of the issuance or denial of a license, the final written decision must state the basis for which a license is issued or denied, and, in the case of a complaint against a licensee's license, the final written decision must state the basis for which adverse action was or was not taken against the license. The Private Security Guards Act also is amended to ensure consistency with the changes made to the Polygraph Examiners Act and Professional Investigators Act.