Idaho Public Records Request and/or Requests for Confidential Information

The following information is not new law, but agency guidance designed to clarify the existing statutes or regulations. 

The Idaho Department of Labor's guidelines for disclosure of public records and confidential employment security information records may be accessed at: Idaho Department of Labor AO #651.

All records available to the public are located at the Idaho Department of Labor's Central Office in Boise - 317 Main Street, Boise, ID 83735.

The department's designated records custodian is Georgia Smith (208) 332-3570 ext. 2102. The designated backup is Kevin Wauhob (208) 332-3570 ext. 3255.

Laws

• 20 CFR 603 Subpart B;
• Idaho Code Title 72 Chapter 13 (Sections 1342, 1372, 1373, 1374);
• Idaho Code Title 74, Chapters 1 & 2
• IDAPA 09.01.08 and
• Idaho Department of Labor AO #651.

Pursuant to Idaho Code § 74-102(10), the department may recover costs associated with the disclosure of department records when responding to the request requires more than two hours of labor and copying records exceeds 100 pages. The department considers actual cost for all requests made in a calendar year of $100 or less to be nominal and incidental and does not seek reimbursement for the first $100 of actual costs incurred.

Requesting Public Records

A public records request includes but is not limited to, written documents and electronic files containing information relating to the conduct or administration of the public's business prepared, owned, used or retained by the Idaho Department of Labor. Under the Idaho Public Records Law, Idaho Code §§ 74-101 through 74-120, the public can request in writing to examine or copy these types of public records, unless the information is specifically exempt from disclosure by law.

To request a public record, a request must be submitted via email to records.request@labor.idaho.gov. To ensure public records are answered in a timely manner, all email requests must be sent to this email address and must contain the name of the individual requesting the record, information or records requested, a date range for the records they seek, the requestor’s mailing address, email address and telephone number. The telephone number will be used to clarify the request should there be any questions.

Subject Matter Guidelines

The Idaho Department of Labor keeps and maintains the following public records. Some public records are available on the Department’s website (links below). While most agency records are available to the public, certain records may be withheld from disclosure due to specific exemptions in the Idaho Public Records Law – Title 74, Chapter 1.

• Administration – Records that pertain to the day-to-day business operations of the agency (fiscal and budget information, audits, purchasing records, facility and auto records, department contracts) and information regarding legislation and rules.
• Unemployment Insurance – Records that pertain to policies, procedures and administering USDOL Unemployment Insurance benefits, grant administration, program information and program audits, wage claims filed against employers; and farm labor contractors licensed to operate in the state of Idaho.
• Workforce and Commissions – Records that pertain to board meeting minutes, grant administration documents, policies and procedures for administering workforce training and development programs, employment service program information and program audits, Worker Adjustment and Retraining Notifications (WARN notices).

Requesting Confidential Employment Security Information

Employment security information is any information descriptive of an identifiable person or persons received by, recorded by, prepared by, furnished to, or collected by the department, or the Industrial Commission in the administration of the Employment Security Law. For more information, see Idaho Code § 74-106(7) and 20 CFR § 603.6

Employee: If you are an employee requesting information about yourself, you need to complete an informed consent release.

Employer: If you are an employer requesting information about your business, you need to complete an informed consent release.

If you do not represent the individual or employer and are seeking records for such person, you are a third party. You also must complete the Third Party Confidentiality Agreement form.

Attorney:

* Employment Security Law purpose -- any purpose that arises under Idaho Employment Security Law found at Idaho Code Section 72-1301 et seq.

Third party: If you are requesting records that are NOT your own or if you are an attorney or an agent and you are requesting records of someone who is NOT a client, the following documents must be completed:

Submit requests:

Other Submission Options:

• 20 CFR 603 Subpart B;
• Idaho Code Title 72 Chapter 13 (Sections 1342, 1372, 1373, 1374);
• Idaho Code Title 74, Chapters 1 & 2
• IDAPA 09.01.08 and
• Idaho Department of Labor AO #624.
  1. If you represent an individual or employer requesting records concerning that individual or employer for Employment Security Law purposes* or other: You may submit a signed and dated Letter of Representation on a company letterhead in lieu of the Third Party Confidentiality Agreement form. You must also provide a notarized informed consent release form.
  2. If you represent an individual or employer for a non-Employment Security Law purpose (e.g. workers' compensation) you must provide an informed consent release signed by the individual or employer whose records are. You must also provide a notarized Third Party Confidentiality Agreement form.
  1. Obtain a written informed consent release from the person or employer whose records you seek AND
  2. You must complete a third party confidentiality agreement signed by the third party.