Records; inspection and copying; confidentiality; violation; penalties.

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An employing unit must keep true and accurate work records containing information the department prescribes. These records must be open to inspection and subject to being copied by the department or its authorized representative at a reasonable time and as often as necessary. The department and the chairman of an appeal tribunal may require from an employing unit a sworn or unsworn report with respect to persons employed by it that he or it considers necessary for the effective administration of Chapters 27 through 41 of this title. Information obtained in this manner or from an individual pursuant to the administration of these chapters, except to the extent necessary for the proper administration of such chapters, shall be held confidential and may not be published or be open to public inspection, other than to the public employees in the performance of their public duties, in any manner revealing the individual's or employing unit's identity. However, a claimant or his legal representative at a hearing before an appeal tribunal must be supplied information from these records to the extent necessary for the proper presentation of his claim. An employee or member of the department who violates a provision of this section must be fined not less than twenty dollars or more than five hundred dollars, imprisoned for not longer than ninety days, or both.

HISTORY: 1962 Code Section 68-65; 1952 Code Section 68-65; 1942 Code Section 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 2010 Act No. 146, Section 40, eff March 30, 2010; 2011 Act No. 3, Section 4, eff March 14, 2011.

Effect of Amendment

The 2010 amendment substituted "department" for "Commission" throughout this section; and made other nonsubstantive changes.

The 2011 amendment substituted "five hundred dollars" for "two hundred dollars" in the last sentence.


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