Sec. 33.04.02.04. Consideration of Request

A. Discretion Required.

(1) Except as provided in §A(2) of this regulation, the appropriate board shall determine, in its discretion, whether to grant a request for confidentiality.

(2) The appropriate board shall automatically grant a request made by the State on behalf of a victim or witness under Regulation .02D(2) of this chapter.

B. Verification.

(1) The appropriate board shall:

(a) Consider the explanation provided;

(b) Review the documentation submitted; and

(c) Verify to the extent possible the veracity of the explanation.

(2) This verification may include:

(a) Requiring the applicant to appear in person; and

(b) Contacting an employer, the police, a court clerk, or social service agency.

(3) Any hearing held to consider a request for confidentiality shall be closed to the public.

C. Confidentiality Pending Decision.

(1) Pending a decision on the application, the appropriate board shall take steps to assure that the records are not revealed to the public.

(2) If a request is made for access to a record for which an application for confidentiality has been made under this chapter, the appropriate board shall complete the application review process before granting or denying the request.

(3) In order to comply with deadlines under the Act, this application shall be:

(a) Given priority over all others pending under this chapter; and

(b) Acted on as promptly as possible.