§ 40-6-12 - Records as to assistance.
SECTION 40-6-12
§ 40-6-12 Records as to assistance. –(a) All records pertaining to the administration of public assistance pursuantto this chapter and chapter 8 of this title are hereby declared to constituteconfidential matter. It shall be unlawful for any person to make use of, orcause to be used, any information contained in records for purposes notdirectly connected with the administration thereof, except with the consent ofthe individual concerned.
(b) The director of the department shall have the power toestablish rules and regulations governing the custody, use, and preservation ofthe records, papers, files, and communications dealing with the administrationof public assistance. The rules and regulations shall have the same force andeffect as law. The records shall be produced in response to subpoena ducestecum properly issued by any federal or state court; provided, however, thatthe purpose for which the subpoena is sought is directly connected with theadministration of public assistance. No subpoena shall be issued by a courtasking either for the records, or for persons having custody or access to therecords, unless the litigation involved in such matters is directly connectedwith the administration of public assistance.
(c) Any person who by law is entitled to a list ofindividuals receiving any of the assistance as provided in this section, shallnot publish or cause to be published the list except by the express consent ofthe director of the department, or to make use thereof for purposes notdirectly connected with the administration thereof. Any person violating any ofthe provisions of this section, or the lawful rules and regulations madepursuant to this section, shall be guilty of a misdemeanor, and shall be finednot more than two hundred dollars ($200) or shall be imprisoned for not morethan six (6) months, or both.
(d) Nothing in this section shall be deemed to prohibit thedirector of the department, or his or her agents duly authorized for thatpurpose, from issuing any statistical material or data, or publishing orcausing the data to be published whenever he or she shall deem it to be in thepublic interest. The director of the department may inquire into the records ofany state department or agency in the course of his or her administration ofpublic assistance.