GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 1999-364
The General Assembly of North Carolina enacts:
Section 1. G.S. 95-136(e) reads as rewritten:
"(e) The Commissioner is
authorized to compile, analyze, and publish, in summary or detailed form, all
reports or information obtained under this section. Files and other
records relating to investigations and enforcement proceedings pursuant to this
Article shall not be subject to inspection and examination as authorized by
G.S. 132-6 while such investigations and proceedings are pending. pending,
except that, subject to the provisions of subsection (e1) of this section, an
employer cited under the provisions of this Article is entitled to receive a
copy of the official inspection report which is the basis for citations
received by the employer following the issuance of citations."
Section 2. G.S. 95-136(e1) reads as rewritten:
"(e1) Upon the written request of
and at the expense of the requesting party, official inspection reports of
inspections conducted pursuant to this Article shall be available for release
in accordance with the provisions contained in this subsection and subsection
(e) of this section. The names of witnesses or complainants, and any
information within statements taken from witnesses or complainants during the
course of inspections or investigations conducted pursuant to this Article that
would name or otherwise identify the witnesses or complainants, shall not be
released to any employer or third party. party and shall be redacted
from any copy of the official inspection report provided to the employer or
third party. Witness statements that are in the handwriting of the
witness or complainant shall, upon the request of and at the expense of the
requesting party, be transcribed so that information that would not name or
otherwise identify the witness may be released. A witness or
complainant may, however, sign a written release permitting the Commissioner to
provide information specified in the release to any persons or entities
designated in the release. Nothing in this section shall be construed to
prohibit the use of the name or statement of a witness or complainant by the
Commissioner in enforcement proceedings or hearings held pursuant to this
Article. The Commissioner shall make available to the employer 10 days
prior to a scheduled enforcement hearing unredacted copies of: (i) the witness
statements the Commissioner intends to use at the enforcement hearing, (ii) the
statements of witnesses the Commissioner intends to call to testify, or (iii)
the statements of witnesses whom the Commissioner does not intend to use that
might support an employer's affirmative defense or otherwise exonerate the
employer; provided a written request for the statement or statements is
received by the Commissioner no later than 12 days prior to the enforcement
hearing. If the request for an unredacted copy of the witness statement
or statements is received less than 12 days before a hearing, the statement or
statements shall be made available as soon as practicable. The
Commissioner may permit the use of names and statements of witnesses and
complainants and information obtained during the course of inspections or
investigations conducted pursuant to this Article by public officials in the
performance of their public duties."
Section 3. This act becomes effective October 1, 1999.
In the General Assembly read three times and ratified this the 19th day of July, 1999.
s/ Dennis A. Wicker
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 8:25 p.m. this 4th day of August, 1999