Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files
Section 3.25 - Procedure for Acting on Requests for Protecting the Confidentiality of Trade Secrets
Current through Register 1531, September 27, 2024
The Department shall act on a confidentiality request subject to the following provisions:
(1) If the Department has received a request to inspect or copy a record which is the subject of a confidentiality request on which the Department has not made a final decision, the Department shall notify
(2) The Department shall determine whether the record would be voluntarily submitted within the meaning of 310 CMR 3.22(2) and whether the record, if made public, would divulge a trade secret. The Department shall give notice of its determination(s) to the person who requested confidentiality and all persons who requested to inspect or copy the record.
(3) If the Department determines that a record would, if made public, divulge a trade secret, the record in question shall be deemed confidential and shall not be deemed a public record for such length of time, and subject to such terms, conditions and limitations, as the Department may include in the determination. The Department shall so notify the person who submitted the record to the Department and all persons making a request to inspect or copy the record in question.
(4) All notices given pursuant to 310 CMR 3.25 shall be in writing, shall be delivered either by hand or by certified mail, return receipt requested, and shall include:
(5) With respect to trade secret claims made pursuant to M.G.L. c. 21I and 310 CMR 3.30, the procedures set forth in 310 CMR 3.30 shall apply.