Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Form of Petition. A petition for inspection or copying of any confidential
record shall be written, and shall be served on the Chief Counsel. It shall
state the facts and legal authority supporting a conclusion that the Commission
should disclose the confidential record. If the request is for inspection or
copying of records deemed confidential after a Commission decision issued
pursuant to Section
2508, the petition shall identify
new information that has become available or changed circumstances that have
occurred that materially affected the previous determination.
(b) Delegation of Commission Decision to the
Chief Counsel.
(1) The decision of the
Commission on a petition for inspection or copying of confidential records is
delegated to the Chief Counsel.
(2)
If the petition is for inspection or copying of a record received from a
private third party, a person under contract to the Commission, or another
government agency, the Chief Counsel shall:
(A) within one day of service of the
petition, provide both a copy of the petition to the person or entity that
submitted the information and a written request for written approval of release
of the record. Any party not wishing to give permission for the record's
release may supplement the initial application for confidential designation, if
any, or provide any additional information within five working days of the
receipt of the request for permission. Failure to respond to the Chief
Counsel's request to release the record shall not be deemed consent for
release.
(B) within five working
days of receipt of a petition, provide the petitioner with a written summary of
the basis of the original confidential determination and a copy of the
Commission's regulations governing the disclosure of Commission
records.
(3) The Chief
Counsel shall issue a decision on the petition within ten days of its service
on the Chief Counsel, unless unusual circumstances renders such a decision
impossible, in which case the Chief Counsel will notify the petitioner of the
need for an extension within ten days of the filing of the petition. Such
extension shall not exceed fourteen days.
(4) The Chief Counsel shall base their
decision on whether the entity seeking to maintain the confidentiality of the
record has met its burden of proof in demonstrating that confidentiality is
warranted under the California Public Records Act, and that, considering all
the facts and circumstances, the record should be kept confidential.
(5) If the request is for inspection or
copying of records deemed confidential after a Commission decision issued
pursuant to Section
2508, the Chief Counsel shall deny
the petition unless the petition identifies new information that has become
available or changed circumstances that have occurred that materially affect
the previous determination.
(6) Any
party may request that the full Commission reconsider the Chief's Counsel's
decision, in which case, the Commission shall conduct a proceeding pursuant to
the provisions of Section
2508. Any such request shall be
filed within fourteen days of the issuance of the Chief Counsel's
decision.
(7) A decision that a
record should be disclosed shall ordinarily be effective fourteen days after
issuance, although an earlier effective date may be specified in unusual
circumstances, consistent with maintaining the opportunity of the person
originally submitting the information to prevent its release by requesting
reconsideration or appealing the decision to a court of competent jurisdiction.
A decision that the record is exempt from disclosure shall be effective
immediately.
(c) List of
Records Determined to be Confidential. The Executive Director shall maintain a
list of records the Commission orders held confidential pursuant to this
section.
1. Repealer
and new section filed 7-6-98; operative 8-5-98 (Register 98, No.
28).
2. Amendment of section heading, section and NOTE filed
7-3-2007; operative 7-3-2007 pursuant to Government Code section
11343.4
(Register 2007, No. 27).
3. Change without regulatory effect
amending subsection (b)(4) filed 8-24-2022 pursuant to section
100, title 1, California Code of
Regulations (Register 2022, No. 34).
Note: Authority cited: Sections
25213
and
25218(e),
Public Resources Code; and Section
6253(a),
Government Code. Reference: Sections
25223,
25322
and
25366,
Public Resources Code; Sections 6250 et seq., Government Code; and Bakersfield
City School District v. Superior Court (2004) 118 Cal.App.4th
1041.
