Section 351.2.9. Disclosure without the consent of the subject.

       2.9(1) Open record. An open record is routinely disclosed without the consent of the subject.

       2.9(2) Partial open record. If the board is prohibited from disclosing part of a document from inspection, that part will not be disclosed and the remainder will be made available for inspection.

       2.9(3) Disclosure of confidential record. To the extent allowed by law, disclosure of a confidential record may occur without the consent of the subject. Following are instances when disclosure, if lawful, will generally occur without notice to the subject:

        a.           For a routine use as defined in rule 351—2.10(22,68A,68B) or in the notice for a particular record system.

        b.           To another government agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the government agency or instrumentality has submitted a written request to the board specifying the record desired and the law enforcement activity for which the record is sought.

        c.           To the legislative services agency.

        d.           In response to a court order or subpoena.

        e.           To a recipient who has provided the board with advance written assurance that the record will be used solely as a statistical research or reporting record, provided that the record is transferred in a form that does not identify the subject.

        f.            To an individual pursuant to a showing of compelling circumstances affecting the health or safety of any individual if a notice of the disclosure is transmitted to the last-known address of the subject.

        g.           Disclosures in the course of employee disciplinary proceedings.