787 KAR 2:020. Confidentiality of records of the Department for Employment Services.

 

      RELATES TO: KRS 195.020, 195.040

      STATUTORY AUTHORITY: KRS 151B.020, 341.115

      NECESSITY, FUNCTION, AND CONFORMITY: The Cabinet for Workforce Development is authorized by KRS 151B.020 to develop and to adopt administrative regulations to protect the confidential nature of records and reports which directly or indirectly identify a client or former client of programs administered by the cabinet. The function of this administrative regulation is to designate certain records of the cabinet's Department for Employment Services as confidential in order to encourage full disclosure of information on the part of job applicants and employers and to provide guidelines to employment service personnel in responding to requests for information.

 

      Section 1. The following documents and records pertaining to the cabinet's implementation of the Job Training Partnership Act (JTPA) in Kentucky shall be confidential and shall not be disclosed by the Department for Employment Services.

      (1) JTPA-1, application form.

      (2) JTPA-20, verification of eligibility form and related source documents.

 

      Section 2. Department for Employment Services records other than JTPA. The Cabinet for Workforce Development, Department for Employment Services has determined the following records to be confidential and not subject to disclosure:

      (1) ES-507, temporary application form for selected employers.

      (2) ES-508, job referral card.

      (3) ES-511, application card.

      (4) ES-514, job order form.

      (5) ES-518, test record card.

      (6) ES-519, test record card.

      (7) ES-614, counseling record and employability plan.

 

      Section 3. Access to records of the Division of Unemployment Insurance shall be governed by the provision of KRS 341.190.

 

      Section 4. Sharing of Information as Authorized by Law. Nothing in this administrative regulation shall prohibit the sharing of confidential information in accordance with KRS 194.060(2) and 341.190. (22 Ky.R. 498; Am. 912; eff. 11-6-95.)