Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.08 - RULES ON DISCLOSURE OF EMPLOYMENT SECURITY INFORMATION › Section 09.01.08.011 - ACCESS BY PERSONS TO INFORMATION PERTAINING TO THEM

Current through August 31, 2023
01.
Individual or Employer
.
			 Individuals or employers may access employment security information pertaining
			 to them, subject to the procedures and restrictions contained in the Idaho
			 Public Records Act and reimbursement provisions in Section
			 020 of these rules. Unless the
			 disclosure is for the purposes of the Employment Security Law, the Department
			 will not comply with requests for disclosure of records to an individual or
			 employer on an ongoing basis, and only existing records in the Department's
			 custody as of the date of receipt of the request will be disclosed, not records
			 that may be created in the future. (3-23-22)
02.
Attorney
. An attorney
			 representing a party for the purposes of the Employment Security Law need only
			 submit a letter on letterhead to the Department confirming the attorney's
			 representation of the party, for an Employment Security Law purpose, to access
			 any employment security information that would be available to the attorney's
			 client. If the attorney is not representing the client for the purposes of the
			 Employment Security Law, the attorney must provide an informed consent release,
			 in the same manner and with the same restrictions as an agent in Subsection
			 011.04 of these rules, in order
			 to access any employment security information that would be available to the
			 client. (3-23-22)
03.
Elected
			 Official
. An elected official performing constituent services who
			 requests employment security information on behalf of an individual or employer
			 may access any employment security information related to the inquiry and
			 available to the constituent if the elected official presents reasonable
			 evidence the constituent authorized the disclosure. Such reasonable evidence
			 may include a letter or written record of a telephone request for assistance
			 from the constituent. (3-23-22)
04.
Agent
. In order to access any employment security information
			 available to the individual or employer, an agent of an individual or employer
			 must provide an informed consent release that meets the requirements of
			 Subsection 013.01 of these rules. If the
			 disclosure is for the purposes of Employment Security Law and it is impossible
			 or impracticable to obtain an informed consent release, the agent must provide
			 clear and convincing evidence, as determined by the Department, that the agent
			 is authorized to act on behalf of the individual or employer in order to access
			 any employment security information available to the individual or employer.
			 Unless the disclosure is for the purposes of the Employment Security Law, the
			 Department will not comply with requests for disclosure of records to an agent
			 on an ongoing basis, and only existing records in the Department's custody as
			 of the date of receipt of the request will be disclosed pursuant to the
			 informed consent release, not records that may be created in the future.
			 (3-23-22)