§368-4  Records; confidentiality;
disclosure; reporting requirements.  (a)  All records of the investigation
arising from a complaint filed with the commission shall be kept confidential
and shall not be disclosed to anyone; provided that any factual matters
provided to the commission during the intake and investigation of the
complaint, including complainant and respondent statements and documents,
pre-complaint questionnaires, witness statements for which the witness has not
requested confidentiality, other documents received from witnesses, and
correspondence with parties and witnesses may be disclosed:



(1)  As may be required by order of a court with
jurisdiction in a case arising from a complaint filed with the commission; or



(2)  As may be requested by a party in a complaint
filed with the commission, if a complainant verifies in writing that the
complainant has received a notice of right to sue pursuant to section 368-12
and a civil action has been filed or the right to sue has not expired, or if a
respondent verifies in writing that the complainant has filed a civil action.



(b)  All records of non-factual matters
relating to the investigation and arising from a complaint filed with the
commission, including:



(1)  Settlement discussions;



(2)  Financial records;



(3)  Commission attorney communications and work
products;



(4)  Confidential witness statements; and



(5)  Commission investigatory procedures, including
but not limited to:



(A)  Training and educational discussions
between staff;



(B)  The case analysis manual;



(C)  Procedures and standards used in case
analysis;



(D)  Investigatory directives;



(E)  Investigative plans, strategies, or goals;



(F)  Case reviews; and



(G)  Investigator notes, impressions,
recommendations, and reports;



shall be considered confidential records except as
otherwise provided by law.



(c)  The disclosure of records that are not
related to the investigation arising from a complaint filed with the commission
shall be subject to chapter 92F.



(d)  The commission shall maintain complete
records of all complaints filed with the commission and shall compile annual
statistical data on the number of complaints filed and the status or
disposition of those complaints by types of complaints.



(e)  The commission shall provide to the
governor and the legislature a report of that statistical data on an annual
basis, not less than thirty days prior to the convening of the legislative
session. [L 1988, c 219, pt of §1; am L 1989, c 386, §7; am L 1994, c 139, §1]