Texas Administrative Code › Title 28 - INSURANCE › Part 2 - TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION › Chapter 148 - HEARINGS CONDUCTED BY THE STATE OFFICE OF ADMINISTRATIVE HEARINGS › Section 148.24 - Confidentiality of Records

Current through Reg. 49, No. 28; July 12, 2024
(a) SOAH shall
				ensure that the confidentiality provisions of Labor Code, §§
									402.082
				-
				402.092,
				411.034, 413.0513, and 413.0514 and the Code of Federal Regulations, Title 20,
				§603.6 and §603.7 (for information obtained from the Texas Workforce
				Commission or its successor agencies) will be followed, including requests for
				release of documents or information made confidential under the Act or other
				applicable law.
(b) Unless
				authorized by law, SOAH will not identify the name of a claimant for workers'
				compensation coverage under the Act or other information contained in or
				derived from the division's claim file for such a claimant in listings of
				docketed cases or in other documents distributed to persons other than to the
				division and the parties to a contested case involving that claimant.
(c) If a party or a member of the public
				files a written request with the Chief Clerk of Proceedings and with SOAH that
				a hearing be conducted as a hearing open to the public, the ALJ shall consider
				that request and issue a ruling prior to the opening of the hearing to the
				public.
(d) Any request for a
				hearing open to the public shall be filed with the Chief Clerk of Proceedings
				and with SOAH at least seven days prior to the first day of the hearing unless
				the ALJ allows a shorter filing period upon a showing of good cause.
(e) When considering a request that a hearing
				be open to the public, the ALJ's considerations shall include, but are not
				limited to, whether the hearing would contain information made confidential
				under the Act or other applicable laws. If confidential information would be
				included, then the ALJ may consider whether any procedure could be devised and
				utilized which would allow a hearing to be open to the public without violating
				the confidentiality provisions of the Act, other applicable laws, other
				applicable regulations, and agreements required by those laws or regulations or
				without causing an undue burden on the division or the parties to the
				hearing.
(f) While SOAH will have
				temporary custody of the hearing records, the commissioner retains statutory
				authority as custodian of records and is ultimately responsible, as the
				originating agency, for the release or non-release of the information.
				Therefore, should any information, which may be confidential under the Act,
				division rules, or other law, be requested from SOAH by any person or entity,
				SOAH shall follow all legal requirements necessary to ensure that the
				confidential information or document is not released, unless specifically
				required by law, and shall provide such request to the commissioner immediately
				upon receipt.
(g) Pursuant to Labor
				Code §
									413.031(c),
				the division shall be responsible for publishing any SOAH decisions required to
				be published by that section on the department's website. SOAH shall as soon as
				practicable deliver to the division a version of the decision in an electronic
				format.
(h) SOAH and the division
				have responsibilities for compliance with the Texas Public Information Act,
				Government Code, Chapter 552. Each agency maintains information that may be
				considered confidential or exempt from disclosure under laws administered by
				that agency. To the extent required by law, each agency is responsible for
				replying to all public information requests for information maintained by that
				agency. Each agency will promptly notify the other agency of the receipt of a
				Texas Public Information Act request relating to confidential or exempt records
				obtained from the other agency and will coordinate responses as
				necessary.