Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-2 - EMPLOYMENT SECURITY LAW › Subject 300-2-6 - RECORDS › Rule 300-2-6-.02 - Supplying Information from the Records of the Department

Current through Rules and Regulations filed through June 27, 2024
(1)
(a) Records of the department collected in
				the administration of the unemployment insurance program and other federally
				funded programs for which the department has responsibility are private and
				confidential, except as provided in the Georgia Employment Security Law or by
				these regulations in accordance with Code Section
				  34-8-120
et
				seq.
Pursuant to Code Section
				  50-18-70(b), such records are not generally subject to inspection under Georgia's Open
				Records law.
(b) To the extent
				necessary for the proper presentation of a claim before an administrative
				hearing officer or the board of review or any court, or to dispute tax
				liability in any proceeding before the Georgia Office of State Administrative
				Hearings or any court, records of the department pertaining to a claim or tax
				determination shall be made available for inspection to the interested parties
				upon request. A copy will be provided upon payment in advance of the fees
				required under paragraph (2) below, except in the following limited
				circumstances:
1. An individual claiming
				benefits shall not be charged a fee of any kind with respect to their claim;
				and
2. Fees for copies of records
				may be waived for individuals who establish to the satisfaction of the
				Commissioner that payment of the fees would present a hardship.
(c) Information from the records
				of the department with respect to an individual, a claim filed by an individual
				and/or wages reported to the department with respect to an individual, may be
				disclosed to that individual or, on the basis of informed consent, to others in
				the following limited circumstances-
1. To an
				agent who acts for or in the place of an individual, by the authority of that
				individual, if the agent presents a written release (which may include an
				electronically submitted release if acceptable to the department) from the
				individual being represented which release the State determines is authentic
				and specifically identifies the information and type of information to be
				released;
2. To an elected official
				performing constituent services, if the official presents reasonable evidence
				(such as a letter from the individual requesting assistance) that the
				individual has authorized such disclosure;
3. To an attorney retained for purposes
				related to the unemployment insurance law, if the attorney asserts in writing
				that he or she is representing the individual.
3. To a third party that is not acting as an
				agent who will receive confidential information following an informed consent
				disclosure on an ongoing basis (even if such entity is an agent), but only if
				that entity obtains a written release from the individual to whom the
				information pertains.
(i) The release must be
				signed and must include a statement-
(I)
				Specifically identifying the information that is to be disclosed;
(II) That state government files will be
				accessed to obtain that information;
(III) Of the specific purpose or purposes for
				which the information is sought and a statement that information obtained under
				the release will only be used for that purpose or purposes; and
(IV) Indicating all the parties who may
				receive the information disclosed by the requester;
(ii) The purpose specified in the release
				must be limited to-
(I) Providing a service or
				benefit to the individual signing the release that such individual expects to
				receive as a result of signing the release; or
(II) Carrying out administration or
				evaluation of a public program to which the release pertains.
(iii) The department shall
				determine the cost and charges for providing disclosure under this subparagraph
				4, and the recipient of such data shall execute an agreement to pay all such
				charges in advance of delivery of the data. In no event shall the information
				provided under subparagraph 4 be released, disclosed or redisclosed in any
				manner. Such data shall not be captured or stored in the recipient's databases
				except as necessary to fulfill the associated, authorizing consumer initiated
				transaction. Such data shall not be used for purposes of marketing, including,
				but not limited to, prescreened firm or conditional offers of credit.
(d) Except as otherwise
				provided under paragraph (1) of this rule or other applicable law, including  20 CFR 603, when disclosure of departmental records is permitted under Code
				Sections
				  34-8-120
et
				seq.
, a fee and copy costs shall be charged and paid in advance for
				requested records, as follows:
1. A minimum
				fee of $20.00 shall be charged for copies of records which can be accessed and
				produced by department staff from readily retrievable computer records and
				equipment;
2. A fee of $20.00 plus
				$25.00 per hour for the time required to identify, locate, redact, collate, and
				otherwise prepare such records for copying for disclosure, with a minimum
				charge of $45.00 for the first hour, shall be charged for any records which
				cannot be accessed and produced by department staff solely from readily
				retrievable computer records and equipment;
3. The amount of $.25 per page shall be
				charged for each page copy supplied, regardless of the format (paper copy,
				electronic copy) in which such copies are provided; and
4. Fees in accordance with subparagraphs 1,
				2, and 3 of this subparagraph shall be charged for each records request made
				and charges must be paid in advance.