Wednesday, July 3, 2013
Instructions for Seeking Orders Sealing Confidential Personal Information:
Note: Applies to General Jurisdiction cases. Does not apply to Special Education cases.
The Office of Administrative Hearings (OAH) expects all parties to redact (black out) from documents filed with OAH, including pleadings and exhibits, all confidential personal information whenever possible. Personal information is deemed confidential if any statute or regulation provides for its confidentiality. Confidential personal information includes, but may not be limited to, crime victim or investigative complaining witness names, addresses, and telephone numbers. It also includes all social security numbers, financial account numbers, credit card numbers, dates of birth, names of minor children, and medical information. When redacting social security or financial numbers, the last four digits may be revealed if necessary.
All attorneys and parties appearing before OAH and offering documents containing confidential personal information must take the necessary steps to redact the information or request appropriate orders.
Request for Sealing Order: If a document must be considered in its entirety, redaction is not practicable, or will not adequately protect privacy interests, OAH expects the party offering the document to request an appropriate protective sealing order. A request for a protective sealing order must include a description of the documents proposed to be sealed, a statement of the factual and legal basis for sealing the documents, a statement of the reasons why redaction of information is not adequate, an indication whether any party opposes sealing the documents, and a proof of service of the request upon all parties to the case. An optional form for requesting a protective sealing order OAH 87.
Proposed Order: An optional Protective Order Sealing Confidential Records form OAH 88. Parties who are submitting a request for an order sealing records may also complete the Order form and submit it to OAH as a proposed order. Any party submitting a proposed order to OAH must serve a copy of that proposed order on all other parties to the case.