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 5-4 - Denial of claim

Universal Citation: 329 IN Admin Code 5-4

Current through March 20, 2024

Authority: IC 13-14-8; IC 13-14-9; IC 13-19-3

Affected: IC 4-21.5; IC 13-14-11

Sec. 4.

If the commissioner determines that the information is not confidential based on 329 IAC 6.1-4, the commissioner shall notify the person who submitted the claim of such determination. The notification shall be in writing, sent certified mail, with return receipt requested, and must state the following:

(1) The basis for the determination.

(2) Notice that the person may appeal the commissioner's determination.

(3) The procedure for appealing the commissioner's determination, including the time period provided by IC 4-21.5.

(4) Notice that, if the determination is timely appealed, the information shall be treated as confidential until the petition for review is denied or the commissioner is ordered not to treat the information as confidential.

(5) Notice that, unless the person timely appeals the determination, the information shall become available to the public.

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