Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter E - CONFIDENTIALITY AND DISCLOSURE OF STATE UNEMPLOYMENT COMPENSATION INFORMATION › Section 815.165 - Exceptions to Confidentiality Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency may disclose public domain
				  information. For purposes of this section, public domain information includes
				  directory information about the organization of the state, the Commission, and
				  appellate authorities, as well as the names and positions of officials and
				  employees; information about the state unemployment compensation law (and
				  applicable federal law), provisions, rules, regulations, and interpretations,
				  including statements of general policy and interpretations of general
				  applicability; and any agreement relating to the administration of the state
				  unemployment compensation law. Commission-designated precedent case digests
				  from which all individually identifiable information has been removed
				  constitute public domain information. Public domain information does not
				  include information historically excepted from disclosure under the Public
				  Information Act, Chapter 552, Texas Government Code, including, but not limited
				  to, attorney/client privileged information; interagency memoranda containing
				  advice, opinion, or recommendation to policy makers or decision makers; or
				  other items historically excepted from disclosure under the Public Information
				  Act.
(b) The Agency may disclose
				  confidential unemployment compensation information about an individual or
				  employer to that individual or employer, respectively, but in no event does
				  this restrict the Agency from withholding information historically excepted
				  from disclosure, including, but not limited to, confidential informant or
				  attorney-client privileged information, or tax audit techniques.
(c) The Agency may disclose confidential
				  unemployment compensation information if the requestor provides a written
				  release signed by the individual or the employer whose records are requested,
				  and if the written release demonstrates informed consent.
(d) The Agency may disclose confidential
				  unemployment compensation information, based on informed consent, to the
				  following:
(1) An agent acting for or in the
				  place of an individual or an employer by the authority of that individual or
				  employer if the agent presents a written release signed by the party to be
				  represented. If a written release is impossible or impracticable to obtain, the
				  Agency may accept other documentation sufficient to establish informed
				  consent.
(2) An elected official
				  performing constituent services provided the official presents reasonable
				  evidence of authorization to obtain the information, such as a letter from the
				  individual or employer requesting the elected official's assistance or a
				  written record of a telephone request from the individual or employer that the
				  individual or employer has authorized such disclosure.
(3) A licensed attorney retained for purposes
				  unrelated to the state's unemployment compensation law; if the attorney
				  provides a written statement declaring that he or she has been retained to
				  represent the individual or employer, the requirements of a written release
				  will have been met. An attorney retained for purposes related to the state's
				  unemployment compensation law may assert that he or she is representing the
				  individual or employer, and such assertion need not be in writing.
(4) A third party that is not acting as an
				  agent, only if that entity provides the Commission with a copy of an informed
				  consent release consistent with the requirements of §
											815.166
				  of this subchapter.
(5) A third
				  party seeking confidential information on an ongoing basis, only if that entity
				  submits an informed consent release consistent with the requirements of §
											815.166
				  of this subchapter. This requirement applies even if the third party is an
				  agent seeking information on an ongoing basis.