(a) SOAH shall ensure that the confidentiality provisions
of Labor Code, §§402.082 - 402.092, 411.034, 413.0513, and
413.0514 and the Code of Federal Regulations, Title 20, §603.6
and §603.7 (for information obtained from the Texas Workforce
Commission or its successor agencies) will be followed, including
requests for release of documents or information made confidential
under the Act or other applicable law.
(b) Unless authorized by law, SOAH will not identify
the name of a claimant for workers' compensation coverage under the
Act or other information contained in or derived from the division's
claim file for such a claimant in listings of docketed cases or in
other documents distributed to persons other than to the division
and the parties to a contested case involving that claimant.
(c) If a party or a member of the public files a written
request with the Chief Clerk of Proceedings and with SOAH that a hearing
be conducted as a hearing open to the public, the ALJ shall consider
that request and issue a ruling prior to the opening of the hearing
to the public.
(d) Any request for a hearing open to the public shall
be filed with the Chief Clerk of Proceedings and with SOAH at least
seven days prior to the first day of the hearing unless the ALJ allows
a shorter filing period upon a showing of good cause.
(e) When considering a request that a hearing be open
to the public, the ALJ's considerations shall include, but are not
limited to, whether the hearing would contain information made confidential
under the Act or other applicable laws. If confidential information
would be included, then the ALJ may consider whether any procedure
could be devised and utilized which would allow a hearing to be open
to the public without violating the confidentiality provisions of
the Act, other applicable laws, other applicable regulations, and
agreements required by those laws or regulations or without causing
an undue burden on the division or the parties to the hearing.
(f) While SOAH will have temporary custody of the hearing
records, the commissioner retains statutory authority as custodian
of records and is ultimately responsible, as the originating agency,
for the release or non-release of the information. Therefore, should
any information, which may be confidential under the Act, division
rules, or other law, be requested from SOAH by any person or entity,
SOAH shall follow all legal requirements necessary to ensure that
the confidential information or document is not released, unless specifically
required by law, and shall provide such request to the commissioner
immediately upon receipt.
(g) Pursuant to Labor Code §413.031(c), the division
shall be responsible for publishing any SOAH decisions required to
be published by that section on the department's website. SOAH shall
as soon as practicable deliver to the division a version of the decision
in an electronic format.
(h) SOAH and the division have responsibilities for
compliance with the Texas Public Information Act, Government Code,
Chapter 552. Each agency maintains information that may be considered
confidential or exempt from disclosure under laws administered by
that agency. To the extent required by law, each agency is responsible
for replying to all public information requests for information maintained
by that agency. Each agency will promptly notify the other agency
of the receipt of a Texas Public Information Act request relating
to confidential or exempt records obtained from the other agency and
will coordinate responses as necessary.
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