6 (i) Request for Nonpublic Information. — A request for nonpublic information other than that authorized for disclosure under section (b) of this rule shall be denied unless the request is from: (1) An agency authorized to investigate the qualifications of persons for admis- sion to practice law; (2) An agency authorized to investigate the qualifications of persons for govern- ment employment; (3) An attorney discipline enforcement agency; (4) A criminal justice agency; or (5) An agency authorized to investigate the qualifications of judicial candidates. If the Judicial Nominating Commission requests the information it shall be furnished promptly and Bar Counsel shall give written notice to the attorney that specified confidential information has been so disclosed. (j) Notice to the Attorney. — Except as provided in section (i)(5) of this rule, if Bar Counsel is permitted to provide nonpublic information requested, and if the attorney has not signed a waiver permitting the requesting agency to obtain nonpublic information, the attorney shall be notified in writing at his or her last known address of that information which has been requested and by whom, together with a copy of the information proposed to be released to the requesting agency. The notice shall advise the attorney that the information shall be released at the end of twenty-one (21) days following mailing of the notice unless the attorney objects to the disclosure. If the attorney timely objects to the disclosure, the information shall remain confidential unless the requesting agency obtains an order from the Court requiring its release. (k) Release Without Notice. — If an agency otherwise authorized by section (i) of this rule has not obtained a waiver from the attorney to obtain nonpublic information, and requests that the information be released without giving notice to the attorney, the requesting agency shall certify that: (1) The request is made in furtherance of an ongoing investigation into miscon- duct by the attorney; (2) The information is essential to that investigation; and (3) Disclosure of the existence of the investigation to the attorney would seriously prejudice that investigation. (l) Notice to National Regulatory Data Bank. — Bar Counsel or the Court shall transmit notice of all public discipline imposed against an attorney, transfers to or from disability inactive status, and reinstatements to the National Regulatory Data Bank maintained by the American Bar Association. (m) Duty of Officials and Employees. — All officials and employees within the Office of Bar Counsel, the ROC, the BPR, and a Disciplinary Judge shall conduct themselves so as to maintain the confidentiality mandated by this rule. (n) Evidence of Crime. — Nothing in these rules shall be construed to preclude any person from giving information to authorities authorized to investigate criminal activity. (Adopted February 20, 2015, effective July 1, 2015; amended November 17, 2017, effective February 1, 2018; amended June 25, 2019, effective September 1, 2019.)
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