R590-149-8. Records Classification

(1)(a) A record created in administering this rule is classified as "protected" under Section 63G-2-305. (b) After a decision is issued under Section R590-149-6 or a final decision on appeal under Section R590-149-7, any portion of the record pertaining to the qualified individual's medical condition shall remain classified as "private" under Section 63G-2-302 or "controlled" under Section 63G-2-304, consistent with 42 U.S.C. 12112(d)(4)(A), (B), and (C) and 42 U.S.C. 12112(d)(3)(B) and (C). (2) Notwithstanding Subsection (1), the written decision of the director or commissioner is classified as "public" under Section 63G-2-301.