Nebraska Administrative Code
Topic - NATURAL RESOURCES, DEPARTMENT OF
Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE
Chapter 15 - CONFIDENTIALITY FOR TRADE SECRETS
Section 454-15-003
Universal Citation: 454 NE Admin Rules and Regs ch 15 ยง 003
Current through March 20, 2024
For each claim the Director or his or her designee shall determine whether the record or information relates to processes or methods entitled to protection as trade secrets.
003.01. In making such determination which shall be in writing, the Director shall consider whether;
003.01(A). The claimant has
asserted a business confidentiality claim which has not expired by its terms, nor been waived nor
withdrawn;
003.01(B). 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;
003.01(C). The
information or record is not, and has not been, reasonably obtainable without the business's 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);
003.01(D). No statute, specifically requires disclosure of the information
or record; and
003.01(E). 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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