Section 7.05. Files and records.

 

(1)  Except as otherwise provided by law or as specified in sub. (2) , any record or document in the division's possession or control of which the division is the legal custodian, may be inspected or copied by any person during regular business hours.

(2)  The following records may be excluded from disclosure under this section if the division finds the public interest in nondisclosure outweighs the benefits of open access:

(a) Personnel files of office employees, former employees and job applicants;

(b) Communications with legal counsel;

(c) Records obtained under a pledge or reasonable expectation of confidentiality;

(d) Memoranda and work papers of employees, the division or the deputy division prepared with the reasonable expectation of confidentiality.

(e) A record that is a part of a current investigation that may result in administrative, legal or criminal action, or that relates to any such pending action.

(f) A record whose disclosure would unduly damage a person's reputation so as to outweigh the public interest in disclosure.

(3)  With respect to records described in sub. (2) (c) the division shall, and with respect to any other records the division may, prior to producing the records for inspection or copying, call a hearing (with notice to interested persons) for the purpose of determining whether the records should be produced.

(4)  A request for records shall be addressed to the division, who shall produce the records or a written refusal with specific reasons therefor within 10 business days after the request is received (except records described in sub. (2) (c) as to which a hearing has been called).

History: Cr. Register, December, 1969, No. 168 , eff. 1-1-70; renum. from SEC 6.06 and r. and recr. Register, December, 1977, No. 264 , eff. 1-1-78; cr. (2) (e) and (f), Register, December, 1988, No. 396 , eff. 1-1-89.