02-027 C.M.R. ch. 2, § 2 - CRITERIA FOR DISCLOSURE DURING PENDING INVESTIGATION

Except for investigative records subject to 10 M.R.S.A. Section8003-B(3), the Commissioner, Division Director, Commission Director or departmental employee designated by the commissioner, may disclose a complaint or investigative records, upon request, during the pendency of an investigation provided that the criteria set forth in A and B below are satisfied.

A. Confidentiality is no longer warranted due to general public knowledge of the circumstances surrounding the complaint or investigation. Factors relevant to such a determination may include, but are not limited to, the following:

1. broadcast or printing of media news stories available to the general population;

2. publication of the circumstances in public court documents; and

3. availability of the information in some other accessible public source or record.

B. The investigation would not be prejudiced by the disclosure. Factors relevant to such a determination may include, but are not limited to, the following:

1. the background and history of the case as reflected in the existing record of such complaint or investigation;

2. whether disclosure would jeopardize potential sources of information or in any way inhibit the successful completion of an investigation; and

3. whether the rights and interests of the complainant and the subject of the investigation would be affected in any way so as to make either party less likely or able to raise issues relevant to the investigation.

Notes

02-027 C.M.R. ch. 2, § 2