10- 146 C.M.R. ch. 4, § 2

Current through 2024-25, June 19, 2024

Section 146-4-2 - RELEASE OF AND ACCESS TO VITAL STATISTICS DATA, REPORTS AND RECORDS

A.Non-restricted vital statistics data, reports and records. Non-restricted vital statistics data, reports and records shall be released to applicants who meet the following criteria:

1. Those who present a completed and signed application or written request and show identification in accordance with this rule; and

2. Upon payment of a fee as specified in Section 5.

B.Restricted vital statistics data, reports and vital records. Restricted vital statistics data, reports and records shall be released upon approval of the State Registrar to applicants who meet the criteria specified for non-restricted data, reports and records in addition to the following criteria, as may be applicable to the type of data, report or record requested:

1. Those who demonstrate a direct and legitimate interest in the data, reports and vital records as specified in Section 6; or

2. Those requesting data for statistical or administrative research as specified in Section 8; or

3. Those who present a genealogical researcher identification card as specified in Section 9.

C.Access to vital statistics data, reports and records. Access to vital statistics data, reports and records may be restricted.

1. "Hands on" access or inspection of original, paper-based records or indexes shall not be permitted if there is an alternative method that may be used. The State Registrar shall require that original, paper records be handled in accordance with guidelines designed to protect the physical integrity and condition of the records.

2. Access to records may be further restricted to any applicant according to procedures of the Address Confidentiality Program under 5 MRS §90-B or as deemed appropriate by the State Registrar.

3. A municipal clerk or the Department shall not permit access to or disclosures of personally identifiable information contained in vital records, or issue a copy of all or part of any such record unless the applicant is authorized to obtain such record for a proper purpose as specified in Section 6 or authorized to obtain such data as specified in Section 8.

4. Legacy records as defined in Section 1 may be viewed at the Maine State Archives. Non-certified copies of records as specified in Section 2(E)(2) below, may be issued from the Maine State Archives in accordance with 5 MRS §95(12).

D.Search provided

1. The Department shall search files for the requested records within one year before and one year after the stated date of event provided on the completed and approved application, written request or verification.

2. A fee for each search conducted shall accompany each application, written request or verification and shall be paid even if the record is not located.

3. If the requested record cannot be located or does not match the criteria specified on the application, the Department shall issue a document indicating that no match was found and the specific search criteria used in the attempt to identify the record.

E.Copies of records from the system of vital statistics. Provided all the requirements of this rule have been met, a certified or non-certified copy of a record may be issued to a qualified applicant. Upon the determination of a municipal clerk or the Department, a certified or non-certified copy of a record may be issued to an applicant, provided all requirements of this section are met.

1. A certified copy of a record, as defined in Section 1, or any part thereof, issued in accordance with this rule, shall be considered for all purposes the same as the original and shall be prima facie evidence of the facts stated in the record.

a. Notwithstanding the above paragraph, the evidentiary value of a record submitted more than one year after the event or a record that has been amended shall be determined by the judicial or administrative body or official before whom the certified copy is offered as evidence.

2. A non-certified copy of a record as defined in Section 1 shall not be used to establish legal identity or other legal purposes and shall be marked "not for legal purposes." Generally, non-certified copies are used for investigative research or genealogical purposes only.

3. Certified or non-certified copies of a record may be issued by mechanical, digital, electronic or other reproductive processes as specified by the State Registrar.

4. For available records created prior to 1 892, individuals may purchase a copy of the vital record issued on letterhead from a clerk of a municipality or the Maine State Archives.

5. Non-restricted vital statistics data, reports and records may be issued as a non-certified copy of a record as defined in Section 1, provided the criteria specified in Section 2(A) have been met.

6. Non-restricted vital statistics data, reports and records may be issued as a certified copy of a record as defined in Section 1, provided the criteria specified in Section 2(A) and 2(B) have been met.

10- 146 C.M.R. ch. 4, § 2