Indiana Administrative Code
Title 329 - SOLID WASTE MANAGEMENT DIVISION
Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS
Rule 5 - Determinations on Claim of Confidentiality
Section 5-3 - Approval determination
Universal Citation: 329 IN Admin Code 5-3
Current through September 18, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-19-3
Affected: IC 4-21.5; IC 13-14-11
Sec. 3.
(a) If the commissioner determines that the information shall be held confidential for the full period requested by the person who made the claim under 329 IAC 6.1-4-1(d), the commissioner shall do all of the following:
(1) Notify the person
in writing of the determination.
(2) Maintain the information as confidential
for the period requested under
329 IAC 6.1-4-1(d)
unless ordered by a court of competent
jurisdiction to permit access to the information for inspection and
copying.
(b) If the commissioner determines that the information is confidential but the period of confidential treatment shall be shorter than that requested by the person under 329 IAC 6.1-4-1(d), the commissioner shall notify the person in writing by certified mail, with return receipt requested, stating the following:
(1) The basis for the
determination.
(2) The period of
time of confidentiality, after which the information will be available to the
public.
(3) The right to appeal the
commissioner's determination.
(4)
The procedure for appealing the commissioner's determination, including the
time period provided by IC 4-21.5.
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