Indiana Administrative Code
Title 326 - AIR POLLUTION CONTROL DIVISION
Article 17.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS
Rule 5 - Determinations on Claim of Confidentiality
Section 5-2 - Request for additional supporting information
Current through March 20, 2024
Authority: IC 13-14-8; IC 13-19-3-1
Affected: IC 5-14-3; IC 13-14-11
Sec. 2.
(a) The commissioner may request additional supporting information regarding a claim of confidentiality. Any additional supporting information claimed as confidential shall be treated as confidential until the commissioner makes a determination as required by section 1 of this rule.
(b) If the commissioner intends to make a determination to deny a claim of confidentiality, the commissioner shall notify the person in writing by certified mail, with return receipt requested, stating the following:
(c) The commissioner shall make a determination after receipt of the additional supporting information submitted under subsection (b). The commissioner shall notify the person under subsection (b) of the intent to deny a claim of confidentiality only once before making a determination under sections [sic., section] 3 or 4 of this rule. If the person fails to submit additional supporting information in accordance with subsection (b), the commissioner will make a determination based on the information and any supporting information already received.
(d) The commissioner may approve an extension of time for submitting additional information if the person makes a request in writing within the fifteen (15) days allowed in subsection (b)(2) and (b)(3). The extension will not exceed fifteen (15) days.