| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 5 MRSA §9057, sub-§6, as amended by PL 1997, c. 271, §1, is | further amended to read: |
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| | 6. Confidential information. Information may be disclosed | that is confidential pursuant to Title 22, chapters 958-A and | 1071 and sections 7703 and 1828; Title 24, section 2506; and | Title 34-A, except for information, the disclosure of which is | absolutely prohibited under Title 34-A, section 3003 1216. | Disclosure may be only for the determination of issues involving | unemployment compensation proceedings relating to a state | employee, state agency personnel actions and professional or | occupational board licensure, certification or registration. |
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| A. For the purpose of this subsection, "hearing officer" | means presiding officer, judge, board chairman chair, | arbitrator or any other person considered responsible for | conducting a proceeding or hearing subject to this | subsection. In the case of the Civil Service Appeals Board, | the presiding officer is the entire board. "Employees of | the agency" means employees of a state agency or department | or members, agents or employees of a board who are directly | related to and whose official duties involve the matter at | issue. |
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| B. The confidential information disclosed pursuant to this | subsection is subject to the following limitations: |
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| (1) The hearing officer determines that introduction | of the confidential information is necessary for the | determination of an issue before the hearing officer; |
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| (2) During the introduction of confidential | information, the proceeding is open only to the hearing | officer, employees of the agency, parties, parties' | representatives, counsel of record and the witness | testifying regarding the information, and access to the | information is limited to these people. Disclosure is | limited to information directly related to the matter | at issue; |
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| (3) Witnesses are sequestered during the introduction | of confidential information, except when offering | testimony at the proceeding; |
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| (4) The names or identities of reporters of | confidential information or of other persons may not be | disclosed, except when disclosure is determined | necessary and relevant by the hearing officer; and |
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