Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 130 - IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-DISCLOSABLE INFORMATION
Subpart B - PROCEDURES FOR IDENTIFYING ARTICLES THAT REPRESENT TRADE SECRETS
Section 130.208 - Standards for State Agency Determination
Universal Citation: 35 IL Admin Code ยง 130.208
Current through Register Vol. 48, No. 12, March 22, 2024
a) An article will be determined to represent a trade secret if:
1) The owner has complied
with the procedures for making a claim and justification as prescribed by this
Subpart; and
2) The statement of
justification demonstrates that:
A) The
article has not been published, disseminated or otherwise become a matter of
general public knowledge; and
B)
The article has competitive value.
b) There will be a rebuttable presumption that an article has not been published, disseminated or otherwise become a matter of general public knowledge, if:
1) The
owner has taken reasonable measures to prevent the article from becoming
available to persons other than those selected by the owner to have access to
the article for limited purposes; and
2) The statement of justification contains a
certification that the owner has no knowledge that the article has ever been
published, disseminated, or otherwise become a matter of general public
knowledge.
c) The State agency may determine that any page or portion of the article represents a trade secret without finding that the entire article represents a trade secret.
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