[§279J-11]  Audit procedures; complaint investigation; confidentiality of records.  (a)  No more than annually, the department shall have the right to visually inspect a sample of records maintained by a transportation network company for the sole purpose of verifying that a transportation network company is in compliance with the requirements of this chapter.  The sample shall be chosen randomly by the department in a manner agreeable to both parties.  The audit shall take place at a mutually agreed upon location in the State.  Any record furnished to the department shall exclude information that could lend to the identification of specific transportation network company drivers or riders.

     (b)  In response to a specific complaint against any transportation network company driver or transportation network company, the department shall be authorized to inspect records held by the transportation network company that are necessary to investigate and resolve the complaint.  The department and transportation network company shall conduct the inspection at a mutually agreed upon location in the State.  Any record furnished to the department shall exclude information that could lend to the identification of specific transportation network company drivers or riders, unless the identity of a transportation network company driver or rider is relevant to the complaint.

     (c)  Any records inspected by the department under this section shall be confidential, shall not be subject to disclosure to a third party by the department without prior written consent of the transportation network company, and shall be exempt from disclosure under chapter 92F.  Nothing in this section shall be construed as limiting the applicability of any other exemptions under chapter 92F. [L 2022, c 57, pt of §2]