Sec. 13a.11.06.05. Right of the Applicant or Eligible Individual to Inspect and Obtain Copies of Records

A. Subject to Regulation .06 of this chapter, when requested by an applicant or eligible individual or an individual's representative, the Division shall permit the individual or the individual's representative to inspect and obtain copies of any records in the custody of the Division which contain personal information about the individual.

B. A request to inspect and obtain copies of records shall be in writing, signed by the applicant or eligible individual or the individual's representative, and identify the records which are the subject of the request.

C. Records of minors, that is, individuals younger than 18 years old, which relate to or reveal substance abuse diagnosis or treatment may not be released to the individual's representative, including a parent or guardian, without the explicit written consent of the individual, in accordance with federal alcohol and drug abuse confidentiality regulations, 42 CFR 2.

D. The Division shall comply with a request to inspect and obtain copies of records within a reasonable period, but not to exceed 30 days after receipt of the request.

E. If the requested records are unavailable or have been destroyed or lost, the Division shall notify the applicants or eligible individual or the individual's representative within 10 working days after receipt of the request.