Information Request & Release Policy
Administrative Rules of Montana
Please refer to the law below for Confidentiality and Disclosure Information.
8.111.203 Confidentiality and Disclosure of Information
MBOH Information Request and Release Policy
Information submitted to MBOH is subject to the public’s right to know guaranteed by the Montana Constitution and the provisions of Montana law governing access to public information. Upon written request, persons will be provided with an opportunity to examine and obtain a copy of information submitted to MBOH, unless such information falls within one of the narrow exceptions to public disclosure.
Only information defined by law as “confidential information” may be withheld from public review and disclosure. Public information is any information that is accorded confidential status or protected from disclosure by applicable law. Confidential information includes only information that is:
- Constitutionally protected from disclosure because an individual privacy interest clearly exceeds the merits of public disclosure (for example, personal financial information, tenant certifications and income information);
- Designated as confidential by statute or through judicial decisions, findings, or orders (e.g., proprietary or trade secret information);
- Required to maintain the security and integrity of secure facilities or information systems owned by or serving the state, if release of the information jeopardizes the safety of facility personnel, the public, students in a public school, or inmates of a facility; and
- Otherwise designated by law as confidential information.
Public information subject to disclosure includes, but is not limited to, program terms and guidelines, income and mortgage limits, funds availability, project lists, housing credit application and award information, compliance file information (subject to withholding of any confidential information contained in these files or sources).
Requests for MBOH public records and information will be handled in accordance with the applicable provisions of Montana law and the policies and procedures of the Montana Department of Commerce.