2006 Code of Virginia § 2.2-3705.3 - Exclusions to application of chapter; records relating to administrative investigations

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 Charitable Gaming, or the PrivateSecurity Services 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)Department of the State Internal Auditor with respect to an investigationinitiated through the State Employee Fraud, Waste and Abuse Hotline; (iv)committee or the auditor with respect to an investigation or audit conductedpursuant to 15.2-825; or (v) auditors, appointed by the local governingbody of any county, city or town or a school board, who by charter,ordinance, or statute have responsibility for conducting an investigation ofany officer, department or program of such body. Records of completedinvestigations shall be disclosed in a form that does not reveal the identityof the complainants or persons supplying information to investigators. Unlessdisclosure is prohibited by this section, the records disclosed shallinclude, but not be limited to, the agency involved, the identity of theperson who is the subject of the complaint, the nature of the complaint, andthe actions taken to resolve the complaint. If an investigation does not leadto corrective action, the identity of the person who is the subject of thecomplaint may be released only with the consent of the subject person. Localgoverning bodies shall adopt guidelines to govern the disclosure required bythis 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 made to 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.

(1999, cc. 485, 518, 703, 726, 793, 849, 852, 867, 868, 881, 2.1-342.01;2000, cc. 66, 237, 382, 400, 430, 583, 589, 592, 594, 618, 632, 657, 720,932, 933, 947, 1006, 1064; 2001, cc. 288, 518, 844, 2.2-3705; 2002, cc. 87,155, 242, 393, 478, 481, 499, 522, 571, 572, 633, 655, 715, 798, 830; 2003,cc. 274, 307, 327, 332, 358, 704, 801, 884, 891, 893, 897, 968; 2004, cc.605, 690, 766; 2005, c. 601; 2006, cc. 25, 95.)