Idaho Administrative Code
Title IDAPA 58 - Environmental Quality, Department of
Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS
Section 58.01.23.900 - RULES FOR PROTECTION AND DISCLOSURE OF RECORDS IN THE POSSESSION OF THE DEPARTMENT
Universal Citation: ID Admin Code 58.01.23.900
Current through August 31, 2023
The purpose of Section 900 is to provide measures to safeguard trade secrets as required under Section 74-114(8), Idaho Code. (3-31-22)
01. Safeguarding of Trade Secret Information. (3-31-22)
a. No Department officer or employee may
disclose any information subject to a trade secret claim except as specifically
mandated by statute. (3-31-22)
b.
Access to information subject to a trade secret claim by Department employees,
contractors, or other representatives will be limited to access necessary to
carry out duties on behalf of the Department. (3-31-22)
c. Any information subject to a trade secret
claim and received by the Department will be placed in a clearly marked,
confidential section of the file. (3-31-22)
d. The Department will train all new
employees, and periodically train existing employees, in the proper filing,
tracking and physical handling of records subject to a trade secret claim, and
in the procedures established by these rules, Section
74-114, Idaho Code, and any
relevant policies adopted by the Department. Training will be as frequent and
extensive as deemed necessary by the Director. (3-31-22)
02. Notice of a Continuing Claim. Release of information pursuant to Section 74-114(4), Idaho Code, will include a notice of a continuing claim. The Department will: (3-31-22)
a. Give notice of a continuing trade
secret claim by noting its existence in a cover letter, or by other effective
means if a cover letter is impractical, at the time the record is disclosed;
(3-31-22)
b. Notify the person
receiving the information, subject to a continuing trade secret claim, that the
Department's disclosure does not waive the claim nor authorize any further
disclosure by the person receiving the record; and (3-31-22)
c. Disclose a record under Section
74-114(4), Idaho
Code, only if the person receiving the record agrees in writing to exercise all
means legally available to protect the relevant record or portion of the record
from further disclosure. (3-31-22)
Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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