CHAPTER 4

INFORMATION PRACTICES

  Section 1. When Disclosed. Information maintained by the division may be released as provided in the Wyoming Employment Security Law, elsewhere in these rules, and under the following circumstances:

  (a) The employer who provided the requested information gives written authorization for its release.

  (b) The claimant or individual who provided the requested information gives written authorization for its release.

  (c) Decisions or determinations as to benefits rights may be provided to the claimant or any employer entitled to notice of said decision or determination.

  (d) An employer may authorize the release of any or all of the information contained in a quarterly wage report filed by said employer. A claimant may authorize the release of the information in an employer's quarterly wage report that pertains to the claimant's wages.

  (e) When a prime or general contractor requests information to determine a potential or actual subcontractor's registration and compliance, as provided for in W.S.27-3-502 (f), the division may provide such information to the prime or general contractor.

  (f) When the state or a county, municipality, political subdivision, or other project owner requests information to determine a potential or actual prime or general contractor's registration and compliance as provided for in W.S. 27-3-502(f), the division may provide such information to the state, county, municipality, political subdivision, or other project owner.

  (g) Recordings of examiner hearings may be released when both party claimant(s) and party employer(s) who provided the information authorize the release. If information is provided in the hearing by only one party, that party may authorize the release of the recording.

  (h) When the Employment Security Act imposes a duty on the division to pursue civil or criminal action or to collect money in the form of contributions, payments in lieu of contributions, benefit overpayments, interest, or to secure employer reports or registrations, the division, its employees, and contractors may release information from the division files to the extent necessary to perform that duty.

  Section 2. Copies. When a person provides information to the division, the division may give him a copy of that information or otherwise provide him with the information he provided.

  Section 3. Written Request. In the discretion of the division, it may require a request for information from its records to be submitted in writing and require the requester to state to whom the division is to give or send the information.

  Section 4. Request for Disclosure by Representative. When a person's representative requests information on that person's behalf, the division may require the person to furnish the division with written authorization to provide the information to the representative.

  Section 5. Prohibited Information Practices. This division shall:

  (a) Not maintain any record on how an individual exercises his rights under the First Amendment of the U.S. Constitution.

  (b) Not maintain any system of records whose existence is a secret from the public.

  Section 6. Release of Statistics on an Industry. If a single employing unit has eighty percent or less of the employees in that type of industry in a particular city or county, a disclosure of statistics relating to that industry shall not be considered a disclosure of information revealing the identity of any employer, employing unit, or individual as prohibited by W.S. 27-3-603.

  Section 7. Destruction of Old Records. Division records shall be purged or destroyed in accordance with State and Federal Law.

  Section 8. No Remedies Created. Nothing herein is considered to create a civil remedy or penalty to any person for destruction of files in a manner other than herein provided or for failure to comply with the information practices herein provided.

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