151B.280 Office of Employment and Training -- Duties -- Executive director -- Confidentiality of information.
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Development Cabinet. The Office of Employment and Training shall develop and
operate employment development and placement programs, including job
recruitment and business liaison functions, employability development and training
programs, and job counseling and placement programs of the cabinet. In addition,
the office shall develop and operate all programs relating to the unemployment
insurance laws of the Commonwealth, including responsibilities relating to hearing
and judging unemployment insurance benefit appeals. (2) The Office of Employment and Training shall be headed by an executive director appointed by the secretary with the approval of the Governor, in accordance with
KRS 12.050. The executive director for employment and training shall be a person
who, by experience and training in administration and management, is qualified to
perform the duties of the office. The executive director for employment and training
shall exercise authority over the Office of Employment and Training under the
direction of the commissioner of the Department of Workforce Investment, and
shall fulfill only the responsibilities delegated by the commissioner. (3) (a) The secretary of the Education and Workforce Development Cabinet shall develop and promulgate administrative regulations which protect the
confidential nature of all records and reports of the Office of Employment and
Training which directly or indirectly identify a client or former client and
which ensure that these records are not disclosed to or by any person except
and insofar as:
1. The person identified shall give his consent; or 2. Disclosure may be permitted under state or federal law. (b) Notwithstanding any other state statute or administrative regulation to the contrary, any information concerning individual clients or applicants in the
possession of the Office of Employment and Training may be shared with any
authorized representative of any other state or local governmental agency, if
the agency has a direct, tangible, and legitimate interest in the individual. The
agency receiving the information shall assure the confidentiality of all
information received. The Office of Employment and Training may share
information concerning a client or applicant with any private or quasi-private
agency if:
1. The agency has an agreement with the cabinet assuring the
confidentiality of the information; and 2. The agency has a direct, tangible, and legitimate interest in the
individual. Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 11, sec. 25, effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 211, sec. 53, effective July 12, 2006. -- Created 1996 Ky. Acts
ch. 271, sec. 1, effective July 15, 1996.