Minnesota Administrative Rules

9055.0120 NO DISCLOSURE.

Subpart 1.

Exceptions.

Records maintained by the department may not be disclosed without the written consent of the individual named in the records, except:

A.

when the individual has been adjudicated incompetent; or

B.

as in subparts 2 to 4.

Subp. 2.

Release to individuals.

Records maintained by the department must be released to the claimant personally, a duly appointed guardian, an attorney in fact, a duly authorized representative, and as to personal matters, when the commissioner has determined that disclosure would not be injurious to the mental or physical health of the claimant.

Subp. 3.

Release to organizations.

Records maintained by the department must be released to the duly certified representatives of veterans organizations recognized by the United States Department of Veterans Affairs.

Subp. 4.

Release under court order.

Records maintained by the department must be released when ordered by a court of competent jurisdiction in Minnesota, and then only in open court as evidence, only after a judge has ruled that the records are relevant and competent evidence in an action or proceeding according to the laws and statutes of Minnesota.

Statutory Authority:

MS s 196.04

History:

16 SR 1709

Published Electronically:

July 31, 2006