Policy 9

Inspection/Copying of Case Files

(a)   Whether case files at the Office of Administrative Courts are open to public inspection will vary.  Public inspection and copying of any Office of Administrative Courts case file will not be allowed when inspection is prohibited by statute, regulation, an order of a court of record or the order of an administrative law judge. 
 
(b)   Judges' notes are subject to the deliberative process privilege and are not open to public inspection or copying.
 
(c)    It is beyond the scope of this Policy to list public inspection provisions for all of the cases at the Office of Administrative Courts.  However, the following general principles apply to the types of cases most frequently encountered at the Office.
 
            i.  Generally, files of cases heard for the Department of Regulatory Agencies, the Department of Public Health and Environment, and the Secretary of State are open for public inspection and copying. However, in any particular case inspection may be prohibited by a specific statute or regulation, an order of a court of record or the order of an administrative law judge.  In addition, pleadings or exhibits containing the names of patients of health care providers and institutions are confidential and are not open to public inspection or copying.
 
            ii.   Pursuant to statute and department regulations, files of cases heard for the Department of Human Services and the Department of Health Care Policy and Financing are not open to public inspection or copying.
 
            iii. Pursuant to statute, workers' compensation files are not open to public inspection or copying.
 
            iv.  Generally, files of cases heard for the Department of Education are open to public inspection and copying.  However, in any particular case inspection may be
prohibited by a specific statute or regulation, an order of a court of record or the order of an administrative law judge.  Pursuant to federal regulation, files of cases under the Individuals with Disabilities Education Act are not open to public inspection or copying.
 
(d)  When a case file is not open to public inspection a party, an attorney for a party or the attorney's employee may inspect and copy their own case file upon presenting the Clerk's office with adequate proof of authority and identification.
 
(e)   When a case file is not open to public inspection a non-attorney representative of a party may inspect and copy the case file of the party he or she represents only upon written authorization by the party, presentation of adequate identification, and approval of the Director of the Office of Administrative Courts or the Director's designee. 
 
(f)   The Clerk's Office of the Office of Administrative Courts will copy documents for a charge of  25 cents per page.