Ala. Admin. Code r. 660-1-6-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 660-1-6-.03 - Cases Not Referred By The Department

(1) Where a case has not been referred to the Attorney General or a District Attorney or an approved Department attorney by the Department, disclosure and release of records and other confidential information shall be allowed only upon receipt of an Alabama subpoena or subpoena duces tecum (a subpoena to produce documents) issued by either the Attorney General, District Attorney, a grand jury, or a court of law. The subpoena or subpoena duces tecum shall name the person whose records are sought and only those records named in the subpoena shall be released. Subpoenas are sufficient Authority to release records and other confidential information in fraud cases involving programs administered by the Department being investigated by the Attorney General, a District Attorney, a grand Jury, or other law enforcement officials. Subpoenas issued in cases not referred by the Department or not involving program-related fraud investigations shall be resisted by apprising the Court of the relevant law and asking for a judicial determination or by filing a motion for a protective order. Subpoenas issued by law courts outside Alabama, ecclesiastical courts or by agencies or other administrative bodies shall also be resisted by refusal to disclose or release the requested information without a competent Alabama or federal court order.

(2) Notwithstanding 660-1-6-.03(1) above, disclosure and release of Departmental records or other confidential information in cases not referred by the Department may be allowed:

(a) jurisdiction. Upon an order of a court of competent

(b) As part of on-going court litigation.

(c) In anticipation of or to prevent court litigation.

(d) Where disclosure or release is allowed or required by law or otherwise determined to promote the functions of the Department.

Author:

Ala. Admin. Code r. 660-1-6-.03

Effective March 22, 1985.

Statutory Authority:Code of Ala. 1975, §§ 26-14-8, 38-2-6, 38-7-13, 41-22-4.