Section 6-B3112. LIMITATIONS ON DISCLOSURE FROM SPECIFIC PERSONNEL RECORDS

 

3112.1Medical information about an applicant, employee, orannuitant shall not be made available to the public by the Office of Personnel or an Independent Personnel Authority.

 

3112.2Medical information about an applicant, employee, or annuitant may be disclosed by the Office of Personnel or an Independent Personnel Authority to the applicant, employee, or annuitant, or a representative designated in writing, except that medical information concerning a mental or other condition of such a nature that a prudent physician would hesitate to inform a person suffering from it of its exact nature and probable outcome shall be disclosed only to a licensed physician designated in writing for that purpose by the individual or his or her designated representative.

 

3112.3The Office of Personnel and Independent Personnel Authorities make information available to the public that will assist members of the public in understanding the purpose of, and in preparing for, examinations. They make information available to the public relative to the types of questions and the categories of knowledge or skill pertinent to a particular examination.

 

3112.4The following materials shall not be available to the public:

 

(a)Testing and examination materials used solely to determine individual qualifications.

 

(b)Test material, including test plans, item analysis data, criterion instruments, and other material the disclosure of which would compromise the objectivity of the testing process.

 

3112.5Each employee entrusted with test material shall protect the confidentiality of that material and ensure that it is released only as required to conduct an examination authorized by the Office of Personnel or an Independent Personnel Authority.

 

3112.6The applicant's answers in a written test may be reviewed by the applicant only in the presence of an employee of the Office of Personnel or an Independent Personnel Authority in an appropriate office. The test booklet shall not be made available in connection with such review.

 

3112.7Information concerning the results of examinations shall be released only to those parties explicitly designated by the individual.

 

3112.8The names of applicants for positions or eligibles on registers, certificates, employment lists, or other lists of eligibles, or their ratings or relative standing shall not be information available to the public.

 

3112.9Investigatory records compiled for law enforcement purposes shall be exempted from disclosure to the extent that the production of such records would--

 

(a)Interfere with enforcement proceedings;

 

(b)Deprive a person of a right to a fair trial or impartial adjudication;

 

(c)Constitute an unwarranted invasion of personal privacy;

 

(d)Disclose the identity of a confidential source;

 

(e)Disclose confidential information furnished only by the confidential source (in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation);

 

(f)Disclose investigative techniques and procedures; or

 

(g)Endanger the life or physical safety of law enforcement personnel.

 

3112.10All requests for investigative reports of investigations conducted by the Office of Personnelor an Independent Personnel Authority shall be forwarded to the Director of Personnel of the Office of Personnel or of the Independent Personnel Authority making the investigation. If the investigative file on the subject of investigation contains investigatory information that originated in another agency, the Director of Personnel receiving the request shall refer a copy of the subject's request to that agency for its decision concerning release of the investigatory information that originated in that agency.

 

3112.11Copies of reports of investigation conducted by the Office of Personnel or an Independent Personnel Authority shall be furnished upon request to the subject of investigation or to his or her representative designated in writing, with the exception of any material that is exempted from disclosure under this section.

 

3112.12The Office of Personnel or an Independent Personnel Authority, in suitability rating actions, shall disclose to an applicant, eligible, or appointee, or a representative designated in writing, such information from the report of investigation as the Office of Personnel or Independent Personnel Authority determines is sufficient to enable him or her to respond to an interrogatory or other question without revealing the source of information obtained under an expressed or implied pledge of confidence.

 

3112.13The Office of Personnel or an Independent Personnel Authority shall furnish a report of investigation to the government agency concerned.

 

3112.14The Office of Personnel or an Independent Personnel Authority shall not make a report of investigation or information from a report under its control available to the public, to witnesses, or, except as provided in this section, to the parties concerned in the investigation.

 

3112.15Any other provision of this section notwithstanding, no Federal investigative records shall be disclosed. Requests for disclosure of Federal records shall be referred to the U.S. Office of Personnel Management.

 

source

Final Rulemaking published at 28 DCR 4288 (October 2, 1981).