§ 2.2-3705.3. Exclusions to application of chapter; records relating toadministrative investigations.
The following records are excluded from the provisions of this chapter butmay be disclosed by the custodian in his discretion, except where suchdisclosure is prohibited by law:
1. Confidential records of all investigations of applications for licensesand permits, and of all licensees and permittees, made by or submitted to theAlcoholic Beverage Control Board, the State Lottery Department, the VirginiaRacing Commission, the Department of Agriculture and Consumer Servicesrelating to investigations and applications pursuant to Article 1.1:1 (§18.2-340.15 et seq.) of Chapter 8 of Title 18.2, or the Private SecurityServices Unit of the Department of Criminal Justice Services.
2. Records of active investigations being conducted by the Department ofHealth Professions or by any health regulatory board in the Commonwealth.
3. Investigator notes, and other correspondence and information, furnished inconfidence with respect to an active investigation of individual employmentdiscrimination complaints made to the Department of Human Resource Managementor to such personnel of any local public body, including local school boardsas are responsible for conducting such investigations in confidence. However,nothing in this section shall prohibit the disclosure of information takenfrom inactive reports in a form that does not reveal the identity of chargingparties, persons supplying the information or other individuals involved inthe investigation.
4. Records of active investigations being conducted by the Department ofMedical Assistance Services pursuant to Chapter 10 (§ 32.1-323 et seq.) ofTitle 32.1.
5. Investigative notes and other correspondence and information furnished inconfidence with respect to an investigation or conciliation process involvingan alleged unlawful discriminatory practice under the Virginia Human RightsAct (§ 2.2-3900 et seq.) or under any local ordinance adopted in accordancewith the authority specified in § 2.2-2638, or adopted pursuant to §15.2-965, or adopted prior to July 1, 1987, in accordance with applicablelaw, relating to local human rights or human relations commissions. However,nothing in this section shall prohibit the distribution of information takenfrom inactive reports in a form that does not reveal the identity of theparties involved or other persons supplying information.
6. Records of studies and investigations by the State Lottery Department of(i) lottery agents, (ii) lottery vendors, (iii) lottery crimes under §§58.1-4014 through 58.1-4018, (iv) defects in the law or regulations thatcause abuses in the administration and operation of the lottery and anyevasions of such provisions, or (v) the use of the lottery as a subterfugefor organized crime and illegal gambling where such official records have notbeen publicly released, published or copyrighted. All studies andinvestigations referred to under clauses (iii), (iv) and (v) shall be open toinspection and copying upon completion of the study or investigation.
7. Investigative notes, correspondence and information furnished inconfidence, and records otherwise exempted by this chapter or any Virginiastatute, provided to or produced by or for the (i) Auditor of PublicAccounts; (ii) Joint Legislative Audit and Review Commission; (iii) anappropriate authority as defined in § 2.2-3010 with respect to an allegationof wrongdoing or abuse under the Fraud and Abuse Whistle Blower ProtectionAct (§ 2.2-3009 et seq.); (iv) Department of the State Internal Auditor withrespect to an investigation initiated through the State Employee Fraud, Wasteand Abuse Hotline; (v) committee or the auditor with respect to aninvestigation or audit conducted pursuant to § 15.2-825; or (vi) auditors,appointed by the local governing body of any county, city or town or a schoolboard, who by charter, ordinance, or statute have responsibility forconducting an investigation of any officer, department or program of suchbody. Records of completed investigations shall be disclosed in a form thatdoes not reveal the identity of the complainants or persons supplyinginformation to investigators. Unless disclosure is prohibited by thissection, the records disclosed shall include, but not be limited to, theagency involved, the identity of the person who is the subject of thecomplaint, the nature of the complaint, and the actions taken to resolve thecomplaint. If an investigation does not lead to corrective action, theidentity of the person who is the subject of the complaint may be releasedonly with the consent of the subject person. Local governing bodies shalladopt guidelines to govern the disclosure required by this subdivision.
8. Records of the Virginia Office for Protection and Advocacy consisting ofdocumentary evidence received or maintained by the Office or its agents inconnection with specific complaints or investigations, and records ofcommunications between employees and agents of the Office and its clients orprospective clients concerning specific complaints, investigations or cases.Upon the conclusion of an investigation of a complaint, this exclusion shallno longer apply, but the Office may not at any time release the identity ofany complainant or person with mental illness, mental retardation,developmental disabilities or other disability, unless (i) such complainantor person or his legal representative consents in writing to suchidentification or (ii) such identification is required by court order.
9. Information furnished in confidence to the Department of EmploymentDispute Resolution with respect to an investigation, consultation, ormediation under Chapter 10 (§ 2.2-1000 et seq.) of this title, and memoranda,correspondence and other records resulting from any such investigation,consultation or mediation. However, nothing in this section shall prohibitthe distribution of information taken from inactive reports in a form thatdoes not reveal the identity of the parties involved or other personssupplying information.
10. The names, addresses and telephone numbers of complainants furnished inconfidence with respect to an investigation of individual zoning enforcementcomplaints or complaints relating to the Uniform Statewide Building Code (§36-97 et seq.) or the Statewide Fire Prevention Code (§ 27-94 et seq.) madeto a local governing body.
11. Records of active investigations being conducted by the Department ofCriminal Justice Services pursuant to Article 4 (§ 9.1-138 et seq.), Article4.1 (§ 9.1-150.1 et seq.), Article 11 (§ 9.1-185 et seq.), and Article 12 (§9.1-186 et seq.) of Chapter 1 of Title 9.1.
12. Records furnished to or prepared by the Board of Education pursuant tosubsection D of § 22.1-253.13:3 in connection with the review orinvestigation of any alleged breach in security, unauthorized alteration, orimproper administration of tests by local school board employees responsiblefor the distribution or administration of the tests. However, this sectionshall not prohibit the disclosure of records to (i) a local school board ordivision superintendent for the purpose of permitting such board orsuperintendent to consider or to take personnel action with regard to anemployee or (ii) any requester, after the conclusion of a review orinvestigation, in a form that (a) does not reveal the identity of any personmaking a complaint or supplying information to the Board on a confidentialbasis and (b) does not compromise the security of any test mandated by theBoard.
13. Investigator notes, and other correspondence and information, furnishedin confidence with respect to an active investigation conducted by or for theBoard of Education related to the denial, suspension, or revocation ofteacher licenses. However, this subdivision shall not prohibit the disclosureof records to a local school board or division superintendent for the purposeof permitting such board or superintendent to consider or to take personnelaction with regard to an employee. Records of completed investigations shallbe disclosed in a form that does not reveal the identity of any complainantor person supplying information to investigators. The records disclosed shallinclude information regarding the school or facility involved, the identityof the person who was the subject of the complaint, the nature of thecomplaint, and the actions taken to resolve the complaint. If aninvestigation fails to support a complaint or does not lead to correctiveaction, the identity of the person who was the subject of the complaint maybe released only with the consent of the subject person. No personallyidentifiable information in the records regarding a current or former studentshall be released except as permitted by state or federal law.
14. Records, notes and information provided in confidence and related to aninvestigation by the Attorney General under Article 1 (§ 3.2-4200 et seq.) orArticle 3 (§ 3.2-4204 et seq.) of Chapter 42 of Title 3.2, Article 10 (§18.2-246.6 et seq.) of Chapter 6 or Chapter 13 (§ 18.2-512 et seq.) of Title18.2, or Article 1 (§ 58.1-1000) of Chapter 10 of Title 58.1. However,records related to an investigation that has been inactive for more than sixmonths shall, upon request, be disclosed provided such disclosure is nototherwise prohibited by law and does not reveal the identity of chargingparties, complainants, persons supplying information, witnesses or otherindividuals involved in the investigation.
§ 2.2-3705.3. Exclusions to application of chapter; records relating toadministrative investigations.
The following records are excluded from the provisions of this chapter butmay be disclosed by the custodian in his discretion, except where suchdisclosure is prohibited by law:
1. Confidential records of all investigations of applications for licensesand permits, and of all licensees and permittees, made by or submitted to theAlcoholic Beverage Control Board, the State Lottery Department, the VirginiaRacing Commission, the Department of Agriculture and Consumer Servicesrelating to investigations and applications pursuant to Article 1.1:1 (§18.2-340.15 et seq.) of Chapter 8 of Title 18.2, or the Private SecurityServices Unit of the Department of Criminal Justice Services.
2. Records of active investigations being conducted by the Department ofHealth Professions or by any health regulatory board in the Commonwealth.
3. Investigator notes, and other correspondence and information, furnished inconfidence with respect to an active investigation of individual employmentdiscrimination complaints made to the Department of Human Resource Managementor to such personnel of any local public body, including local school boardsas are responsible for conducting such investigations in confidence. However,nothing in this section shall prohibit the disclosure of information takenfrom inactive reports in a form that does not reveal the identity of chargingparties, persons supplying the information or other individuals involved inthe investigation.
4. Records of active investigations being conducted by the Department ofMedical Assistance Services pursuant to Chapter 10 (§ 32.1-323 et seq.) ofTitle 32.1.
5. Investigative notes and other correspondence and information furnished inconfidence with respect to an investigation or conciliation process involvingan alleged unlawful discriminatory practice under the Virginia Human RightsAct (§ 2.2-3900 et seq.) or under any local ordinance adopted in accordancewith the authority specified in § 2.2-2638, or adopted pursuant to §15.2-965, or adopted prior to July 1, 1987, in accordance with applicablelaw, relating to local human rights or human relations commissions. However,nothing in this section shall prohibit the distribution of information takenfrom inactive reports in a form that does not reveal the identity of theparties involved or other persons supplying information.
6. Records of studies and investigations by the State Lottery Department of(i) lottery agents, (ii) lottery vendors, (iii) lottery crimes under §§58.1-4014 through 58.1-4018, (iv) defects in the law or regulations thatcause abuses in the administration and operation of the lottery and anyevasions of such provisions, or (v) the use of the lottery as a subterfugefor organized crime and illegal gambling where such official records have notbeen publicly released, published or copyrighted. All studies andinvestigations referred to under clauses (iii), (iv) and (v) shall be open toinspection and copying upon completion of the study or investigation.
7. Investigative notes, correspondence and information furnished inconfidence, and records otherwise exempted by this chapter or any Virginiastatute, provided to or produced by or for the (i) Auditor of PublicAccounts; (ii) Joint Legislative Audit and Review Commission; (iii) anappropriate authority as defined in § 2.2-3010 with respect to an allegationof wrongdoing or abuse under the Fraud and Abuse Whistle Blower ProtectionAct (§ 2.2-3009 et seq.); (iv) Department of the State Internal Auditor withrespect to an investigation initiated through the State Employee Fraud, Wasteand Abuse Hotline; (v) committee or the auditor with respect to aninvestigation or audit conducted pursuant to § 15.2-825; or (vi) auditors,appointed by the local governing body of any county, city or town or a schoolboard, who by charter, ordinance, or statute have responsibility forconducting an investigation of any officer, department or program of suchbody. Records of completed investigations shall be disclosed in a form thatdoes not reveal the identity of the complainants or persons supplyinginformation to investigators. Unless disclosure is prohibited by thissection, the records disclosed shall include, but not be limited to, theagency involved, the identity of the person who is the subject of thecomplaint, the nature of the complaint, and the actions taken to resolve thecomplaint. If an investigation does not lead to corrective action, theidentity of the person who is the subject of the complaint may be releasedonly with the consent of the subject person. Local governing bodies shalladopt guidelines to govern the disclosure required by this subdivision.
8. Records of the Virginia Office for Protection and Advocacy consisting ofdocumentary evidence received or maintained by the Office or its agents inconnection with specific complaints or investigations, and records ofcommunications between employees and agents of the Office and its clients orprospective clients concerning specific complaints, investigations or cases.Upon the conclusion of an investigation of a complaint, this exclusion shallno longer apply, but the Office may not at any time release the identity ofany complainant or person with mental illness, mental retardation,developmental disabilities or other disability, unless (i) such complainantor person or his legal representative consents in writing to suchidentification or (ii) such identification is required by court order.
9. Information furnished in confidence to the Department of EmploymentDispute Resolution with respect to an investigation, consultation, ormediation under Chapter 10 (§ 2.2-1000 et seq.) of this title, and memoranda,correspondence and other records resulting from any such investigation,consultation or mediation. However, nothing in this section shall prohibitthe distribution of information taken from inactive reports in a form thatdoes not reveal the identity of the parties involved or other personssupplying information.
10. The names, addresses and telephone numbers of complainants furnished inconfidence with respect to an investigation of individual zoning enforcementcomplaints or complaints relating to the Uniform Statewide Building Code (§36-97 et seq.) or the Statewide Fire Prevention Code (§ 27-94 et seq.) madeto a local governing body.
11. Records of active investigations being conducted by the Department ofCriminal Justice Services pursuant to Article 4 (§ 9.1-138 et seq.), Article4.1 (§ 9.1-150.1 et seq.), Article 11 (§ 9.1-185 et seq.), and Article 12 (§9.1-186 et seq.) of Chapter 1 of Title 9.1.
12. Records furnished to or prepared by the Board of Education pursuant tosubsection D of § 22.1-253.13:3 in connection with the review orinvestigation of any alleged breach in security, unauthorized alteration, orimproper administration of tests by local school board employees responsiblefor the distribution or administration of the tests. However, this sectionshall not prohibit the disclosure of records to (i) a local school board ordivision superintendent for the purpose of permitting such board orsuperintendent to consider or to take personnel action with regard to anemployee or (ii) any requester, after the conclusion of a review orinvestigation, in a form that (a) does not reveal the identity of any personmaking a complaint or supplying information to the Board on a confidentialbasis and (b) does not compromise the security of any test mandated by theBoard.
13. Investigator notes, and other correspondence and information, furnishedin confidence with respect to an active investigation conducted by or for theBoard of Education related to the denial, suspension, or revocation ofteacher licenses. However, this subdivision shall not prohibit the disclosureof records to a local school board or division superintendent for the purposeof permitting such board or superintendent to consider or to take personnelaction with regard to an employee. Records of completed investigations shallbe disclosed in a form that does not reveal the identity of any complainantor person supplying information to investigators. The records disclosed shallinclude information regarding the school or facility involved, the identityof the person who was the subject of the complaint, the nature of thecomplaint, and the actions taken to resolve the complaint. If aninvestigation fails to support a complaint or does not lead to correctiveaction, the identity of the person who was the subject of the complaint maybe released only with the consent of the subject person. No personallyidentifiable information in the records regarding a current or former studentshall be released except as permitted by state or federal law.
14. Records, notes and information provided in confidence and related to aninvestigation by the Attorney General under Article 1 (§ 3.2-4200 et seq.) orArticle 3 (§ 3.2-4204 et seq.) of Chapter 42 of Title 3.2, Article 10 (§18.2-246.6 et seq.) of Chapter 6 or Chapter 13 (§ 18.2-512 et seq.) of Title18.2, or Article 1 (§ 58.1-1000) of Chapter 10 of Title 58.1. However,records related to an investigation that has been inactive for more than sixmonths shall, upon request, be disclosed provided such disclosure is nototherwise prohibited by law and does not reveal the identity of chargingparties, complainants, persons supplying information, witnesses or otherindividuals involved in the investigation.
§ 2.2-3705.3. Exclusions to application of chapter; records relating toadministrative investigations.
The following records are excluded from the provisions of this chapter butmay be disclosed by the custodian in his discretion, except where suchdisclosure is prohibited by law:
1. Confidential records of all investigations of applications for licensesand permits, and of all licensees and permittees, made by or submitted to theAlcoholic Beverage Control Board, the State Lottery Department, the VirginiaRacing Commission, the Department of Agriculture and Consumer Servicesrelating to investigations and applications pursuant to Article 1.1:1 (§18.2-340.15 et seq.) of Chapter 8 of Title 18.2, or the Private SecurityServices Unit of the Department of Criminal Justice Services.
2. Records of active investigations being conducted by the Department ofHealth Professions or by any health regulatory board in the Commonwealth.
3. Investigator notes, and other correspondence and information, furnished inconfidence with respect to an active investigation of individual employmentdiscrimination complaints made to the Department of Human Resource Managementor to such personnel of any local public body, including local school boardsas are responsible for conducting such investigations in confidence. However,nothing in this section shall prohibit the disclosure of information takenfrom inactive reports in a form that does not reveal the identity of chargingparties, persons supplying the information or other individuals involved inthe investigation.
4. Records of active investigations being conducted by the Department ofMedical Assistance Services pursuant to Chapter 10 (§ 32.1-323 et seq.) ofTitle 32.1.
5. Investigative notes and other correspondence and information furnished inconfidence with respect to an investigation or conciliation process involvingan alleged unlawful discriminatory practice under the Virginia Human RightsAct (§ 2.2-3900 et seq.) or under any local ordinance adopted in accordancewith the authority specified in § 2.2-2638, or adopted pursuant to §15.2-965, or adopted prior to July 1, 1987, in accordance with applicablelaw, relating to local human rights or human relations commissions. However,nothing in this section shall prohibit the distribution of information takenfrom inactive reports in a form that does not reveal the identity of theparties involved or other persons supplying information.
6. Records of studies and investigations by the State Lottery Department of(i) lottery agents, (ii) lottery vendors, (iii) lottery crimes under §§58.1-4014 through 58.1-4018, (iv) defects in the law or regulations thatcause abuses in the administration and operation of the lottery and anyevasions of such provisions, or (v) the use of the lottery as a subterfugefor organized crime and illegal gambling where such official records have notbeen publicly released, published or copyrighted. All studies andinvestigations referred to under clauses (iii), (iv) and (v) shall be open toinspection and copying upon completion of the study or investigation.
7. Investigative notes, correspondence and information furnished inconfidence, and records otherwise exempted by this chapter or any Virginiastatute, provided to or produced by or for the (i) Auditor of PublicAccounts; (ii) Joint Legislative Audit and Review Commission; (iii) anappropriate authority as defined in § 2.2-3010 with respect to an allegationof wrongdoing or abuse under the Fraud and Abuse Whistle Blower ProtectionAct (§ 2.2-3009 et seq.); (iv) Department of the State Internal Auditor withrespect to an investigation initiated through the State Employee Fraud, Wasteand Abuse Hotline; (v) committee or the auditor with respect to aninvestigation or audit conducted pursuant to § 15.2-825; or (vi) auditors,appointed by the local governing body of any county, city or town or a schoolboard, who by charter, ordinance, or statute have responsibility forconducting an investigation of any officer, department or program of suchbody. Records of completed investigations shall be disclosed in a form thatdoes not reveal the identity of the complainants or persons supplyinginformation to investigators. Unless disclosure is prohibited by thissection, the records disclosed shall include, but not be limited to, theagency involved, the identity of the person who is the subject of thecomplaint, the nature of the complaint, and the actions taken to resolve thecomplaint. If an investigation does not lead to corrective action, theidentity of the person who is the subject of the complaint may be releasedonly with the consent of the subject person. Local governing bodies shalladopt guidelines to govern the disclosure required by this subdivision.
8. Records of the Virginia Office for Protection and Advocacy consisting ofdocumentary evidence received or maintained by the Office or its agents inconnection with specific complaints or investigations, and records ofcommunications between employees and agents of the Office and its clients orprospective clients concerning specific complaints, investigations or cases.Upon the conclusion of an investigation of a complaint, this exclusion shallno longer apply, but the Office may not at any time release the identity ofany complainant or person with mental illness, mental retardation,developmental disabilities or other disability, unless (i) such complainantor person or his legal representative consents in writing to suchidentification or (ii) such identification is required by court order.
9. Information furnished in confidence to the Department of EmploymentDispute Resolution with respect to an investigation, consultation, ormediation under Chapter 10 (§ 2.2-1000 et seq.) of this title, and memoranda,correspondence and other records resulting from any such investigation,consultation or mediation. However, nothing in this section shall prohibitthe distribution of information taken from inactive reports in a form thatdoes not reveal the identity of the parties involved or other personssupplying information.
10. The names, addresses and telephone numbers of complainants furnished inconfidence with respect to an investigation of individual zoning enforcementcomplaints or complaints relating to the Uniform Statewide Building Code (§36-97 et seq.) or the Statewide Fire Prevention Code (§ 27-94 et seq.) madeto a local governing body.
11. Records of active investigations being conducted by the Department ofCriminal Justice Services pursuant to Article 4 (§ 9.1-138 et seq.), Article4.1 (§ 9.1-150.1 et seq.), Article 11 (§ 9.1-185 et seq.), and Article 12 (§9.1-186 et seq.) of Chapter 1 of Title 9.1.
12. Records furnished to or prepared by the Board of Education pursuant tosubsection D of § 22.1-253.13:3 in connection with the review orinvestigation of any alleged breach in security, unauthorized alteration, orimproper administration of tests by local school board employees responsiblefor the distribution or administration of the tests. However, this sectionshall not prohibit the disclosure of records to (i) a local school board ordivision superintendent for the purpose of permitting such board orsuperintendent to consider or to take personnel action with regard to anemployee or (ii) any requester, after the conclusion of a review orinvestigation, in a form that (a) does not reveal the identity of any personmaking a complaint or supplying information to the Board on a confidentialbasis and (b) does not compromise the security of any test mandated by theBoard.
13. Investigator notes, and other correspondence and information, furnishedin confidence with respect to an active investigation conducted by or for theBoard of Education related to the denial, suspension, or revocation ofteacher licenses. However, this subdivision shall not prohibit the disclosureof records to a local school board or division superintendent for the purposeof permitting such board or superintendent to consider or to take personnelaction with regard to an employee. Records of completed investigations shallbe disclosed in a form that does not reveal the identity of any complainantor person supplying information to investigators. The records disclosed shallinclude information regarding the school or facility involved, the identityof the person who was the subject of the complaint, the nature of thecomplaint, and the actions taken to resolve the complaint. If aninvestigation fails to support a complaint or does not lead to correctiveaction, the identity of the person who was the subject of the complaint maybe released only with the consent of the subject person. No personallyidentifiable information in the records regarding a current or former studentshall be released except as permitted by state or federal law.
14. Records, notes and information provided in confidence and related to aninvestigation by the Attorney General under Article 1 (§ 3.2-4200 et seq.) orArticle 3 (§ 3.2-4204 et seq.) of Chapter 42 of Title 3.2, Article 10 (§18.2-246.6 et seq.) of Chapter 6 or Chapter 13 (§ 18.2-512 et seq.) of Title18.2, or Article 1 (§ 58.1-1000) of Chapter 10 of Title 58.1. However,records related to an investigation that has been inactive for more than sixmonths shall, upon request, be disclosed provided such disclosure is nototherwise prohibited by law and does not reveal the identity of chargingparties, complainants, persons supplying information, witnesses or otherindividuals involved in the investigation.
