Code of Maine Rules
90 - INDEPENDENT AGENCIES
351 - WORKERS' COMPENSATION BOARD
Chapter 16 - CONFIDENTIALITY OF FILES
Section 351-16-4 - Legitimate Research Purposes
Universal Citation: 90 ME Code Rules ยง 351-16-4
Current through 2024-13, March 27, 2024
1. Records of the former Workers' Compensation Commission and the Workers' Compensation Board which do not require the identification of individual injured employees are available for legitimate research purposes. For purposes of these rules, legitimate research purposes are defined as a study undertaken for academic purposes or by a bona fide organization or representative of an organization to discover facts, establish principles, review processes or evaluate outcomes regarding the administration and operations of activities relating to the workers' compensation system.
2. Public Access for Legitimate Research Purposes
A. Request to access the Workers'
Compensation Board database for legitimate research purposes will be made in
writing to the General Counsel who will review the request with appropriate
staff to determine if:
(1) The request
complies with applicable statutes and Workers' Compensation Board
regulations;
(2) The request is
technically feasible;
(3) The
Workers' Compensation Board resources needed to comply with such a request are
available without jeopardizing ongoing operations.
B. If the request seeks access to individual
injured employee files, the need-to-know standard must also be met.
C. For requests needing technical assistance
and support from Board staff, the General Counsel may prioritize or deny staff
support and assistance for legitimate research proposals based on limited
agency resources, higher Workers' Compensation Board data priorities,
duplicative efforts, or other reasonable and stated reasons. This standard does
not apply to requests based on a need-to-know basis, which will be complied
with in all instances where the need-to-know standard is met.
D. Individuals who are denied access may
appeal the General Counsel's decision to the Workers' Compensation Board who
must respond within 30 days.
E. The
Executive Director may enter into agreements with the Bureau of Insurance,
Maine Department of Labor, and other appropriate state governmental agencies
which allow access to the Workers' Compensation Board database for research
purposes as long as the Board's requirements for confidentiality of individual
files are maintained. Failure to maintain the standard may result in the
revocation of access.
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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