An Act Regarding the Confidentiality of Investigations by the Bureau of Forestry
Maine Legislature, Session 129, LD 1301
Committee: Judiciary
Sponsors: DUNPHY, BLACK, HICKMAN, MASTRACCIO, WARREN, DAVIS, DILL
Amends: 12 MRSA §8006

Legislative Document
No. 1301
H.P. 944
House of Representatives, March 19, 2019
An Act Regarding the Confidentiality of Investigations by the 
Bureau of Forestry
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative DUNPHY of Old Town.
Cosponsored by Senator BLACK of Franklin and
Representatives: HICKMAN of Winthrop, MASTRACCIO of Sanford, WARREN of 
Hallowell, Senators: DAVIS of Piscataquis, DILL of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §8006 is enacted to read:
§8006.  Confidentiality of complaints and investigative records
1.  During investigation.  All complaints and investigative records of the 
Department of Agriculture, Conservation and Forestry, referred to in this section as "the 
department," related to violations of this Part are confidential during the pendency of an 
investigation. Those records become public records upon the conclusion of an 
investigation unless confidentiality is required by some other provision of law. For 
purposes of this section, an investigation is concluded when:
A.  A notice of an adjudicatory hearing under Title 5, chapter 375, subchapter 5 has 
been issued;
B.  A consent agreement has been executed;
C.  An enforcement proceeding has been filed in a court of competent jurisdiction; or
D.  The investigation has been closed.
2.  Exceptions.  Notwithstanding subsection 1, during the pendency of an 
investigation, a complaint or investigative record may be disclosed:
A.  To department employees designated by the Commissioner of Agriculture, 
Conservation and Forestry;
B.  By a department employee or complaint officer designated by the Commissioner 
of Agriculture, Conservation and Forestry when and to the extent considered 
necessary to facilitate the investigation;
C.  To other state or federal agencies when the files contain evidence of possible 
violations of laws enforced by those agencies;
D.  When and to the extent considered necessary by the Commissioner of 
Agriculture, Conservation and Forestry to avoid imminent and serious harm. The 
authority of the commissioner to make such a disclosure may not be delegated;
E.  Pursuant to rules adopted by the department, when it is determined that 
confidentiality is no longer warranted due to general public knowledge of the 
circumstances surrounding the complaint or investigation and when the investigation 
would not be prejudiced by the disclosure; and
F.  To the person investigated on that person's request. The Commissioner of 
Agriculture, Conservation and Forestry may refuse to disclose part or all of any 
investigative information, including the fact of an investigation, when the 
commissioner determines that disclosure would prejudice the investigation. The 
authority of the commissioner to make such a determination may not be delegated.
3.  Attorney General records.  The provision or disclosure of investigative records 
of the Department of the Attorney General to a department employee designated by the 
Commissioner of Agriculture, Conservation and Forestry does not constitute a waiver of 
the confidentiality of those records for any other purposes. Further disclosure of those 
investigative records is subject to Title 16, section 804 and the discretion of the Attorney 
General.
4.  Violation.  A person who knowingly or intentionally makes a disclosure in 
violation of this section commits a civil violation for which a fine not to exceed $1,000 
may be adjudged.
SUMMARY
This bill makes all complaints and investigative records of the Department of 
Agriculture, Conservation and Forestry related to violations of the forestry laws 
confidential during the pendency of an investigation.  The bill provides exceptions to 
allow disclosures to department employees and other agencies and otherwise as 
determined warranted by the Commissioner of Agriculture, Conservation and Forestry.  
The provision or disclosure of investigative records of the Department of the Attorney 
General to a Department of Agriculture, Conservation and Forestry employee designated 
by the commissioner does not constitute a waiver of the confidentiality of those records.  
A person who knowingly or intentionally makes a disclosure in violation of this provision 
commits a civil violation for which a fine not to exceed $1,000 may be adjudged.