                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2026) EXCLUSIONS TO APPLICATION OF CHAPTER; RECORDS RELATING
TO ADMINISTRATIVE INVESTIGATIONS (§ 2.2-3705.3)

The following information contained in a public record is excluded from the
mandatory disclosure provisions of this chapter but may be disclosed by the
custodian in his discretion, except where such disclosure is prohibited by law.
Redaction of information excluded under this section from a public record shall
be conducted in accordance with § 2.2-3704.01.

1. Information relating to investigations of applicants for licenses and
permits, and of all licensees and permittees, made by or submitted to the
Virginia Alcoholic Beverage Control Authority, the Virginia Cannabis Control
Authority, the Virginia Lottery pursuant to Chapter 40 (&#xA7; 58.1-4000 et
seq.) and Chapter 41 (&#xA7; 58.1-4100 et seq.) of Title 58.1, the Virginia
Racing Commission, the Department of Agriculture and Consumer Services relating
to investigations and applications pursuant to Article 1.1:1 (&#xA7; 18.2-340.15
et seq.) of Chapter 8 of Title 18.2, or the Private Security Services Unit of
the Department of Criminal Justice Services.

2. Records of active investigations being conducted by the Virginia Cannabis
Control Authority or by the Department of Health Professions or any health
regulatory board in the Commonwealth pursuant to &#xA7; 54.1-108.

3. Investigator notes, and other correspondence and information, furnished in
confidence with respect to an active investigation of individual employment
discrimination complaints made to the Department of Human Resource Management,
to such personnel of any local public body, including local school boards, as
are responsible for conducting such investigations in confidence, or to any
public institution of higher education. However, nothing in this subdivision
shall prevent the disclosure of information taken from inactive reports in a
form that does not reveal the identity of charging parties, persons supplying
the information, or other individuals involved in the investigation.

4. Records of active investigations being conducted by the Department of Medical
Assistance Services pursuant to Chapter 10 (&#xA7; 32.1-323 et seq.) of Title
32.1.

5. Investigative notes and other correspondence and information furnished in
confidence with respect to an investigation or conciliation process involving an
alleged unlawful discriminatory practice under the Virginia Human Rights Act
(&#xA7; 2.2-3900 et seq.) or under any local ordinance adopted in accordance
with the authority specified in &#xA7; 2.2-524, or adopted pursuant to &#xA7;
15.2-965, or adopted prior to July 1, 1987, in accordance with applicable law,
relating to local human rights or human relations commissions. However, nothing
in this subdivision shall prevent the distribution of information taken from
inactive reports in a form that does not reveal the identity of the parties
involved or other persons supplying information.

6. Information relating to studies and investigations by the Virginia Lottery of
(i) lottery agents, (ii) lottery vendors, (iii) lottery crimes under
&#xA7;&#xA7; 58.1-4014 through 58.1-4018, (iv) defects in the law or regulations
that cause abuses in the administration and operation of the lottery and any
evasions of such provisions, or (v) the use of the lottery as a subterfuge for
organized crime and illegal gambling where such information has not been
publicly released, published or copyrighted. All studies and investigations
referred to under clauses (iii), (iv), and (v) shall be open to inspection and
copying upon completion of the study or investigation.

7. Investigative notes, correspondence and information furnished in confidence,
and records otherwise exempted by this chapter or any Virginia statute, provided
to or produced by or for (i) the Auditor of Public Accounts; (ii) the Joint
Legislative Audit and Review Commission; (iii) an appropriate authority as
defined in &#xA7; 2.2-3010 with respect to an allegation of wrongdoing or abuse
under the Fraud and Abuse Whistle Blower Protection Act (&#xA7; 2.2-3009 et
seq.); (iv) the Office of the State Inspector General with respect to an
investigation initiated through the Fraud, Waste and Abuse Hotline or an
investigation initiated pursuant to Chapter 3.2 (&#xA7; 2.2-307 et seq.); (v)
internal auditors appointed by the head of a state agency or by any public
institution of higher education; (vi) the committee or the auditor with respect
to an investigation or audit conducted pursuant to &#xA7; 15.2-825; (vii) the
auditors, appointed by the local governing body of any county, city, or town or
a school board, who by charter, ordinance, or statute have responsibility for
conducting an investigation of any officer, department, or program of such body;
or (viii) the Behavioral Health Commission. Information contained in completed
investigations shall be disclosed in a form that does not reveal the identity of
the complainants or persons supplying information to investigators. Unless
disclosure is excluded by this subdivision, the information disclosed shall
include the agency involved, the identity of the person who is the subject of
the complaint, the nature of the complaint, and the actions taken to resolve the
complaint. If an investigation does not lead to corrective action, the identity
of the person who is the subject of the complaint may be released only with the
consent of the subject person. Local governing bodies shall adopt guidelines to
govern the disclosure required by this subdivision.

8. The names and personal contact information of complainants furnished in
confidence with respect to an investigation of individual zoning enforcement
complaints or complaints relating to the Uniform Statewide Building Code (&#xA7;
36-97 et seq.) or the Statewide Fire Prevention Code (&#xA7; 27-94 et seq.) made
to a local governing body. As used in this subdivision, &#8220;personal contact
information&#8221; includes the complainant&#8217;s home or business (i)
address, (ii) email address, or (iii) telephone number or comparable number
assigned to any other electronic communication device.

9. Records of active investigations being conducted by the Department of
Criminal Justice Services pursuant to Article 4 (&#xA7; 9.1-138 et seq.),
Article 4.1 (&#xA7; 9.1-150.1 et seq.), Article 11 (&#xA7; 9.1-185 et seq.), and
Article 12 (&#xA7; 9.1-186 et seq.) of Chapter 1 of Title 9.1.

10. Information furnished to or prepared by the Board of Education pursuant to
subsection F of &#xA7; 22.1-253.13:3 in connection with the review or
investigation of any alleged breach in security, unauthorized alteration, or
improper administration of tests by local school board employees responsible for
the distribution or administration of the tests. However, this section shall not
prohibit the disclosure of such information to (i) a local school board or
division superintendent for the purpose of permitting such board or
superintendent to consider or to take personnel action with regard to an
employee or (ii) any requester, after the conclusion of a review or
investigation, in a form that (a) does not reveal the identity of any person
making a complaint or supplying information to the Board on a confidential basis
and (b) does not compromise the security of any test mandated by the Board.

11. Information contained in (i) an application for licensure or renewal of a
license for teachers and other school personnel, including transcripts or other
documents submitted in support of an application, and (ii) an active
investigation conducted by or for the Board of Education related to the denial,
suspension, cancellation, revocation, or reinstatement of teacher and other
school personnel licenses including investigator notes and other correspondence
and information, furnished in confidence with respect to such investigation.
However, this subdivision shall not prohibit the disclosure of such (a)
application information to the applicant at his own expense or (b) investigation
information to a local school board or division superintendent for the purpose
of permitting such board or superintendent to consider or to take personnel
action with regard to an employee. Information contained in completed
investigations shall be disclosed in a form that does not reveal the identity of
any complainant or person supplying information to investigators. The completed
investigation information disclosed shall include information regarding the
school or facility involved, the identity of the person who was the subject of
the complaint, the nature of the complaint, and the actions taken to resolve the
complaint. If an investigation fails to support a complaint or does not lead to
corrective action, the identity of the person who was the subject of the
complaint may be released only with the consent of the subject person. No
personally identifiable information regarding a current or former student shall
be released except as permitted by state or federal law.

12. Information provided in confidence and related to an investigation by the
Attorney General under Article 1 (&#xA7; 3.2-4200 et seq.) or Article 3 (&#xA7;
3.2-4204 et seq.) of Chapter 42 of Title 3.2, Article 10 (&#xA7; 18.2-246.6 et
seq.) of Chapter 6 or Chapter 13 (&#xA7; 18.2-512 et seq.) of Title 18.2, or
Article 1 (&#xA7; 58.1-1000) of Chapter 10 of Title 58.1. However, information
related to an investigation that has been inactive for more than six months
shall, upon request, be disclosed provided such disclosure is not otherwise
prohibited by law and does not reveal the identity of charging parties,
complainants, persons supplying information, witnesses, or other individuals
involved in the investigation.

13. Records of active investigations being conducted by the Department of
Behavioral Health and Developmental Services pursuant to Chapter 4 (&#xA7;
37.2-400 et seq.) of Title 37.2.

HISTORY: 1999, cc. 485, 518, 703, 726, 793, 849, 852, 867, 868, 881, §
2.1-342.01; 2000, cc. 66, 237, 382, 400, 430, 583, 589, 592, 594, 618, 632, 657,
720, 932, 933, 947, 1006, 1064; 2001, cc. 288, 518, 844, § 2.2-3705; 2002, cc.
87, 155, 242, 393, 478, 481, 499, 522, 571, 572, 633, 655, 715, 798, 830; 2003,
cc. 274, 307, 327, 332, 358, 704, 801, 884, 891, 893, 897, 968; 2004, cc. 605,
690, 766; 2005, c. 601; 2006, cc. 25, 95; 2008, cc. 387, 668, 689, 758; 2009,
cc. 237, 326, 340; 2011, cc. 798, 871; 2012, cc. 476, 507, 803, 835; 2013, cc.
571, 572, 690, 717, 723; 2014, cc. 225, 414, 609, 788; 2015, cc. 38, 730; 2016,
cc. 272, 620, 716; 2017, c. 778; 2020, c. 48; 2022, cc. 589, 590; 2023, cc. 668,
669; 2024, cc. 64, 732; 2025, c. 675.