Utah Admin. Code R982-401-5 - Information
(1) The department
shall require compliance with Chapter 63G-2.
(2) Client may review and copy anything in
their case record unless it is confidential or information obtained by a third
party.
(a) The Client requests for release of
information shall be in writing and include:
(i) the date;
(ii) the name of the person receiving the
information;
(iii) the time period
covered by the information.
(b) Information classified as confidential
shall not be used in a hearing.
(c)
Information classified as confidential shall not be used to close, deny or
reduce benefits.
(d) Clients may
copy information from their file. Up to ten pages are free. If the client wants
more than ten copies, the client must pay the cost of making the extra
copies.
(e) The client cannot take
the case record from the office.
(3) Releasing information to sources other
than the client.
(a) If the client wants
information released to an authorized representative, the representative must
be designated in writing by the client.
(b) Information will not be released when it
is to be used for a commercial or political purpose.
(c) The client's permission will be obtained
before sharing any information regarding their case record.
(i) Information may be released without the
client's permission if the outside source making the request has comparable
rules for safeguarding information.
(ii) Information may be released in an
emergency. The director or designee will decide what constitutes an
emergency.
(4) Information released without the client's
permission.
(a) Information, with the
exception of confidential information, may be released without the clients
permission when that information is to be used in:
(i) The administration of any federal or
state means-tested program.
(ii)
Any audit or review of expenditures in connection with the HEAT or Moratorium
program.
(iii) Any investigation,
prosecution, criminal or civil proceeding connected with the administration of
the HEAT or Moratorium programs.
(5) If a case file is subpoenaed by an
outside source, the State HEAT Program Manager is contacted immediately. The
State Program manager will consult with the legal counsel for the Housing and
Community Development Division (HCD).
Notes
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