Alaska Regulations § 2 AAC 50.775 Exemption from reporting sources of income
Regulation Text
(a)
A legislative branch filer, public official, or candidate required under AS 24.50.200 or
AS
39.50.020
to file a disclosure statement may, for any reason set out in this section, request an exemption from the requirement to report the name of an individual who was a source of income, the amount of income, or any other information required under
AS
39.50.030
or
2 AAC 50.680
-
2 AAC 50.740
. An exemption request must comply with
2 AAC 50.821
. The person requesting any exemption has the burden of proving each fact necessary to show that an exemption available under this section is applicable.
(b)
A legislative branch filer, public official, or candidate may request an exemption from the requirement to report the name of a source of income, the amount of income, or any other information required under
AS
39.50.030
or
2 AAC 50.680
-
2 AAC 50.740
regarding an individual who received
(1)
mental health services provided by a mental health practitioner including a psychiatrist, psychologist, or therapist;
(2)
medical services and the source of income was
(A)
an individual who received medical services related to abortion, contraception, reproductive health, a sexual disorder, or a terminal illness;
(B)
a minor who received medical services without the knowledge of a parent or legal guardian if a reasonable person in the situation of the minor would experience substantial concern, anxiety, or embarrassment from publication of the minor's name as a source of income;
(C)
a married individual who received medical services without the knowledge of the individual's spouse if a reasonable person in the situation of the individual would experience substantial concern, anxiety, or embarrassment from publication of the individual's name as a source of income; or
(D)
an individual who received medical services of any nature if at least 67 percent of the patients of a self-employed legislative branch filer, public official, candidate, or family member were individuals described in (A) - (C) of this paragraph; or
(3)
legal services provided by an attorney and the source of income was
(A)
a minor who received legal services without the knowledge of a parent or legal guardian if a reasonable person in the situation of the minor would experience substantial concern, anxiety, or embarrassment from publication of the minor's name as a source of income;
(B)
a married individual who received legal services without the knowledge of the individual's spouse if a reasonable person in the situation of the individual would experience substantial concern, anxiety, or embarrassment from publication of the individual's name as a source of income;
(C)
an individual who received legal services of any nature if at least 67 percent of the clients of a self-employed legislative branch filer, public official, candidate, or family member were individuals described in (A) or (B) of this paragraph.
(c)
A legislative branch filer, public official, or candidate may request an exemption if
(1)
the legislative branch filer, public official, or candidate is prohibited by law or court-ordered settlement from reporting the name of a source of income, the amount of income, or any other information required under
AS
39.50.030
or
2 AAC 50.680
-
2 AAC 50.740
;
(2)
the legislative branch filer, public official or candidate believes reporting the name of a source of income, the amount of income, or any other information required under
AS
39.50.030
or
2 AAC 50.680
-
2 AAC 50.740
, would violate rights of the source under state or federal statutes or constitutions;
(3)
the legislative branch filer, public official, or candidate believes that reporting the name of a source of income would disclose protected health information that the filer is prohibited from disclosing under
42 U.S.C.
1320
d - 1320d-9 (Health Insurance Portability and Accountability Act (HIPAA) of 1996).
(d)
A legislative branch filer, public official, or candidate may request a personal security exemption from reporting the name of a minor that is a source of income, the amount of income, or any other information required under
AS
39.50.030
or
2 AAC 50.680
-
2 AAC 50.740
that exposes the public official, candidate, or a family member to a personal security threat.
(e)
A legislative branch filer, public official, or candidate may request an exemption from reporting the name of a source of income, the amount of income, or any other information required under
AS
39.50.030
or
2 AAC 50.680
-
2 AAC 50.740
if a state or federal law or court order requires the name of the source or the other information to be kept confidential.
(f)
Notwithstanding any other provision of this section, a legislative branch filer, public official, or candidate may request an exemption from reporting the name of a source of income, the amount of income, or any other information required under
AS
39.50.030
or
2 AAC 50.680
-
2 AAC 50.740
, if the public official or candidate demonstrates that the right to privacy of the information outweighs the compelling state interest in disclosing the information.
History
Eff. 7/20/95, Register 135; am 1/1/2001, Register 156; am 2/20/2005, Register 173; am 12/22/2011, Register 200
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