140 NAC 4-001. Confidentiality of Records under the Fair Housing Act

001 Confidentiality of Records under the Fair Housing Act 001.01 Conciliation Records 001.01A Conciliation Agreement. Each fully executed conciliation agreement made is a public record unless the parties otherwise agree and the Commission determines that disclosure is not required to further the purposes of the Act. 001.01B Conciliation Proceedings. Except as provided in 001.01A: 001.01B1 nothing said or done in the course of conciliation may be made public or used as evidence in a subsequent proceeding under the Act without the written consent of the persons concerned. 001.01B2 all records compiled in the course of conciliation are exempt from public disclosure. 001.02 Investigation Records 001.02 Availability to Aggrieved Person and Respondent. The Commission shall: 001.02A make information available to the aggrieved person and respondent derived from an investigation and any final investigative report relating to that investigation, upon request, following the completion of the investigation, as provided by section 20-330(2) of the Act. 001.02A1 Limitation on Release. Under section 20-330(2)(b) of the Act, this release is subject to the federal Privacy Act of 1974, Public Law 93-579, as such act existed on January 1, 2005, and any other state or federal laws limiting the release of confidential information obtained in the course of an investigation under the Act. 001.02B disclose materials in the investigative file to the complainant and respondent to the extent reasonably necessary to further the investigation or conciliation process, as provided by section 20-330(3) of the Act. 001.03 Records of Hearings. The transcript and record of hearing on any contested case is a public record, except for any evidence received in camera pursuant to the Rules of Practice and Procedure, 144 NAC 1 - 007.02A, or otherwise protected under the rules applicable to civil cases in Nebraska district courts pursuant to section 20-336(1) of the Act, or under state public records laws. 001.04 Dismissals. An order dismissing a charge is subject to public disclosure under sections 20-333 (1)(c) and 20-337(7) of the Act.