(1) The department finds that there is a compelling state interest in the elimination of illegal discrimination in Montana pursuant to Art. II, sec. 4 of the Montana Constitution (1972) . The department also recognizes that the Montana Constitution expressly provides for an individual right of privacy in Art. II, sec. 10. The department finds that in some cases, the interest of a person in viewing documents related to a complaint or an investigation will compete with individual privacy interests.

(2) If a person other than a party subject to the terms of 49-2-504 (1) (a) , MCA, requests information or materials for which an individual right of privacy might be asserted, or asserts a privacy interest in information or materials in the possession of the department, the department will take the following steps:

(a) The department will review the request for information or assertion of privacy rights and will attempt to contact the parties and provide them an opportunity to state why their individual privacy interests should outweigh the public's right to know.

(b) If a party objects to the release of the charge of discrimination, the department will promptly notify both parties of the objection. The department will also advise the requesting person that he or she has 10 business days from the receipt of notice of the department's refusal in which to file a written request for review of the department's decision.

(c) The department shall immediately refer a request for review under (2) (b) to the hearings bureau, and the hearings bureau shall promptly provide the parties an opportunity to be heard regarding the internal decision, under hearings bureau procedures.

(3) After a finding of reasonable cause or no reasonable cause or other agency action terminating the investigation of a case, the complaint, information obtained in the investigation of the complaint, and other information in the department file which does not relate to privacy interests protected by law, becomes public information. If a privacy interest is involved, the procedures as outlined in (2) shall apply.

(4) The department may restrict disclosure of information regarding complaints alleging violations of federal law which are within the jurisdiction of the department because of work sharing arrangements with federal agencies, pursuant to provisions of federal law.

(5) All settlement and conciliation agreements are public information except to the extent that they relate to privacy interests protected by law. A governmental entity does not have a privacy interest in any settlement or conciliation agreement.