§ 832. Exemptions; limitations
(a) No agency shall be required to adopt a procedure or rule:
(1) which may result in the disclosure of information considered by statute to be confidential;
(2) setting forth guidelines to be used by the staff of an agency in the performance of
audits, investigations, inspections, in settling commercial disputes or negotiating
commercial arrangements, or in the defense, prosecution, or settlement of cases, if
the disclosure of the statement would:
(A) enable law violators to avoid detection;
(B) facilitate disregard of requirements imposed by law; or
(C) give a clearly improper advantage to persons who are in an adverse position to the
state; or
(3) describing the content of an agency budget.
(b) Subsection 831(c) of this title does not require any agency to adopt rules:
(1) establishing specific prices to be charged for particular goods or services sold by
an agency;
(2) concerning only the physical servicing, maintenance, or care of agency owned or operated
facilities or property;
(3) relating only to the use of a particular facility or property owned, operated, or
maintained by the State or any of its subdivisions, if the substance of that rule
is adequately indicated by means of signs or signals to persons who use the facility
or property; or
(4) concerning only inmates of a correctional or detention facility, students enrolled
in an educational institution, or patients admitted to a hospital, if adopted by that
facility, institution, or hospital.
(c) Subsections 831(b) and (c) of this title do not require the Attorney General to adopt
procedures or rules describing the content of opinions or other legal advice given
to agencies.
(d) Notwithstanding subsections 831(b) and (c) of this title, when an agency receives
a request to adopt a procedure or rule, it may elect to issue a declaratory ruling
when it has in effect a procedure or rule, as requested, which disposes of the question
presented. (Added 1981, No. 82, § 6.)