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 3.26 - Reconsidering Confidentiality Determinations

Universal Citation: 310 MA Code of Regs 310.3
Current through Register 1531, September 27, 2024

If the Department determines that newly discovered information or changed circumstances make it appropriate for the Department to reconsider and possibly modify a prior grant of confidentiality, the Department shall so notify the person who submitted the record to the Department. The notice shall give the person a reasonable period of time to substantiate, pursuant to 310 CMR 3.24, keeping the record in question confidential. The amount of time originally established in the notice may be reasonably extended by the Department. After this time has passed, or after the Department has received a written response from the person requesting confidentiality, whichever occurs first, the Department shall make a new determination whether the record in question shall be deemed either confidential or a public record. 310 CMR 3.26 shall not apply to trade secret claims made pursuant to M.G.L. c. 21I and 310 CMR 3.30 through 3.39.

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