Code of Massachusetts Regulations
980 CMR - ENERGY FACILITIES SITING COUNCIL
Title 980 CMR 4.00 - Freedom Of Information; Protection Of Trade Secrets
Section 4.05 - Introduction of Confidential Information in Adjudicatory Proceedings
Universal Citation: 980 MA Code of Regs 980.4
Current through Register 1531, September 27, 2024
(1) General Purpose. If any information is determined pursuant to 980 CMR 4.04 to consist of trade secrets or other matter entitled to protection or is exempt from public access for any other reason, it may be introduced into evidence in an adjudicatory proceeding by a party under the provisions of 980 CMR 4.05.
(2) Procedures for Introduction of Confidential Information.
(a)
The party seeking to introduce confidential information must first satisfy the
Council that the information consists of trade secrets or other matters
entitled to protection or is exempt from public access.
(b) Every party shall be entitled to hear or
review confidential information and, as appropriate, to cross-examine
witnesses, to object to the introduction of evidence, and to exercise all other
rights available to a party.
(c)
The Council shall take such measures and issue such orders as may be
appropriate and necessary to protect the confidentiality of information and to
preserve the rights of all parties. Such measures may include the exclusion of
the public from portions of hearings and the separate and protected fiHng of
portions of transcripts and items of evidence. Such orders may include orders
that parties and their counsel not reveal confidential information to any other
person.
(d) Any party may without
prejudice to any rights elect not to hear or review confidential
information.
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