§ 32-12. Confidentiality of complaints and investigations; publication of findings.  


Latest version.
  • A. 
    All proceedings up to the finding of probable cause, including the complaint alleging a violation, the Board's evaluation of a possible violation, any information supplied to or received from the Board and any investigation conducted prior to a probable cause finding shall remain confidential except upon the request of the respondent. No part of the confidential complaint, the aforesaid information or the aforesaid investigation shall be disclosed to any third party by the respondent, complainant, any person contacted for the purpose of obtaining information, legal counsel, witness, designated party, board or staff member, unless said confidentiality had been waived by the respondent.
    B. 
    If the Board makes a finding of no probable cause, the complaint and the record of its investigation shall remain confidential, except upon the request of the respondent, in which case the Board shall publish its finding and may also publish a summary of its reasons for making such finding, and except that some or all of the record may be used in subsequent proceedings. No complainant, respondent, or witness, designated party, or commission or staff member shall disclose to any third party any information learned from the investigation, including knowledge of the existence of a complaint, which the disclosing party would not otherwise have known. If such a disclosure is made, the Board may, after consultation with the respondent if the respondent is not the source of the disclosure, publish its finding and a summary of its reasons therefor.
    C. 
    If the Board makes a finding of probable cause, the Board shall make public its finding as set forth in § 32-11G(3) of this chapter.
    D. 
    Not later than 15 days after the post-probable-cause hearing conducted in accordance with § 32-11G(3) to determine whether there has been a violation of this chapter, the Board shall publish its finding and a memorandum of its reasons therefor.
Added 10-23-1991