Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 115 - RULES OF PRACTICE AND PROCEDURE
Chapter 2 - CONFIDENTIALITY FOR TRADE SECRETS
Section 115-2-003
Universal Citation: 115 NE Admin Rules and Regs ch 2 ยง 003
Current through March 20, 2024
For each claim the director or his or her designee will determine whether sufficient information has been provided to support the claim that the record or information relates to processes or methods are entitled to protection as trade secrets.
003.01 In making such determination, the director will consider whether:
003.01A The claimant has asserted a business
confidentiality claim which has not expired by its terms, nor been waived nor
withdrawn;
003.01B The claimant has
satisfactorily shown that it has taken reasonable measures to protect the
confidentiality of the information or record, and that it intends to continue
to take such measures;
003.01C The
information or record is not, and has not been, reasonably obtainable without
the business' consent by other persons (other than governmental bodies) by use
of legitimate means (other than discovery based on a showing of special need in
a judicial or quasi-judicial proceeding);
003.01D No statute specifically requires
disclosure of the information or record; and
003.01E The claimant has satisfactorily shown
that disclosure of the information or record is likely to cause substantial
harm to the business's competitive position.
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