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(a) An interested person may request a report under this section by

(1) providing to the repository, on a form provided by the department, or in a format approved by the department,

(A) the requester's full name, mailing address, and telephone number; and

(B) a signed authorization, by the person who is the subject of the criminal justice information, for the repository to release the report to the requester for the purpose described in AS 12.62.160(b)(9).

(2) providing to the repository proof of identity of the person who is the subject of the criminal justice information; and

(3) paying the fee established in 13 AAC 68.900.

(b) In response to a request under (a) of this section, the repository may provide to the requester a report of criminal justice information maintained in APSIN for the subject of the request, except for information that is sealed under AS 12.62.180 .

(c) If ASPIN does not contain information described in (b) of this section, the repository may provide a report confirming that fact.

(d) As a condition of receiving a report under this section, a person may not release the contents of the report to another person unless

(1) it is released to another interested person for the purpose of determining whether to grant the subject supervisory or disciplinary power over a minor or dependent adult; and

(2) the subject of the report authorizes the release in writing.

History: Eff. 1/10/97, Register 140; am 11/15/2003, Register 168

Authority: AS 12.62.110

AS 12.62.160

AS 18.65.087

13 AAC 68.320. Report of criminal justice information authorized by state or federal law

(a) A person authorized under state or federal law to receive criminal justice information that is not otherwise available to the person under AS 12.62 and this chapter may request a report under this section. To obtain a report under this section, a person shall submit to the repository an application that includes

(1) a description of the information sought and the purpose for which it will be used;

(2) citation and the full text of a state or federal statute that

(A) specifically authorizes the applicant to receive information described in (1) of this subsection; or

(B) requires the applicant to receive information described in (1) of this subsection in order for the applicant to enforce a state or federal law; and

(3) citation and the full text of any state or federal regulation adopted to implement, interpret, or make specific the statute cited in (2) of this subsection.

(b) Upon receipt of the application, the repository shall grant or deny the application.

(c) If an application is denied under (b) of this section, the repository shall provide the applicant with a written explanation for the denial, including a description of any additional information required for reconsideration of the application.

(d) A person approved to receive a report under this section may request a report under this section by

(1) providing to the repository, on a form provided by the department, or in a format approved by the department,

(A) the requester's full name, mailing address, and telephone number; and

(B) a signed authorization, by the person who is the subject of the criminal justice information, for the repository to release the report to the requester for the purpose described in the statute cited in (a) of this section;

(2) providing to the repository proof of identity of the person who is the subject of the criminal justice information; and

(3) paying the fee established in 13 AAC 68.900.

(e) Repealed 11/15/2003.

(f) As a condition of receiving information under this section, a person may not release the information to another person unless the

(1) information is released to another person authorized by state or federal law to receive the information; and

(2) release is authorized in writing by the subject of the report.

History: Eff. 1/10/97, Register 140; am 11/15/2003, Register 168

Authority: AS 12.62.110

AS 12.62.160

AS 12.62.180

13 AAC 68.325. Release of criminal justice information required by a court rule or court order

(a) A prosecuting agency authorized direct access to repository records under 13 AAC 68.215 may release criminal justice information maintained by the repository to a person if the information is required for purposes of discovery in a criminal case.

(b) The repository may release criminal justice information to a person upon receipt of

(1) a court order signed by a state or federal judge, magistrate, or other authorized court official; and

(2) payment of the fee established in 13 AAC 68.900.

(c) Unless otherwise specified in the court rule or order, information released under this section will include only criminal history record information that has not been sealed under AS 12.62.180 .

(d) Release of criminal justice information under this section is not subject to the requirements of AS 12.62.160 (c)(3).

(e) As a condition of receiving information under this section, a person may not release the information to another person except as specifically authorized under a court rule or court order signed by a state or federal judge or magistrate.

History: Eff. 1/10/97, Register 140; am 11/15/2003, Register 168

Authority: AS 12.62.110

AS 12.62.160

AS 12.62.180

13 AAC 68.326. Release of criminal justice information for the purpose of determining eligibility for a permanent fund dividend

The release of criminal justice information to the Department of Corrections and Department of Revenue for the purpose described in AS 43.23.055 is not subject to the requirements of AS 12.62.160 (c)(3) or (c)(4).

History: Eff. 11/15/2003, Register 168

Authority: AS 12.62.110

AS 12.62.160

13 AAC 68.328. Release of criminal justice information to a crime victim

The release of criminal justice information to a crime victim by the prosecuting authority under AS 12.61.010 is not subject to the requirements of AS 12.62.160 (c)(3).

History: Eff. 11/15/2003, Register 168

Authority: AS 12.62.110

AS 12.62.160

13 AAC 68.330. Release of criminal justice information to a criminal justice agency

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