New Hampshire Code of Administrative Rules
Ins - Commissioner, Insurance Department
Chapter Ins 200 - PRACTICES AND PROCEDURES
Part Ins 205 - FILING AND SERVICE OF DOCUMENTS
Section Ins 205.06 - Confidential Documents and Confidential Information

Universal Citation: NH Admin Rules Ins 205.06

Current through Register No. 40, October 3, 2024

(a) Except as otherwise provided by statute or rule, all pleadings, attachments to pleadings, and exhibits submitted at hearings shall be available for public inspection.

(b) A confidential document shall not be accepted in a pleading if it is neither required for filing nor material to the proceeding.

(c) If a confidential document is required or is material to the proceeding, the party shall file the confidential document in the manner prescribed by paragraph (d) below.

(d) When a party files a document, the party shall omit or redact confidential information from the filing when the information is not required to be included for filing and is not material to the proceeding; and

(1) If none of the confidential information is required or material to the proceeding, the party shall file only the version of the document from which the omissions or redactions have been made; and

(2) At the time the document is submitted to the hearing clerk, the party shall clearly indicate on the document that the document has been redacted or information has been omitted pursuant to Ins 205.06.

(e) It is the responsibility of the filing party to ensure that confidential information is omitted or redacted from a document before the document is filed.

(f) If confidential information is required for filing or is material to the proceeding and must be included in the document, the filer shall file:

(1) A motion to seal as provided in paragraph (g);

(2) For inclusion in the public file, the document with the confidential information redacted by blocking out the text or using some other method to clearly delineate the redactions; and

(3) An unredacted version of the document clearly marked as confidential.

(g) A motion to seal a confidential document or a document containing confidential information shall state the authority for the confidentiality or circumstance that requires confidentiality. An agreement of the parties that a document is confidential or contains confidential information shall not be sufficient basis alone to seal the record but must be ruled so, pursuant to paragraph (h) below.

(h) The hearing officer shall:

(1) Review the motion to seal and any objection to the motion to seal that may have been filed and determine whether the unredacted version of the document shall be confidential; and

(2) Issue an order setting forth the hearing officer's ruling on the motion to seal, which order shall include the duration that the confidential document or document containing confidential information shall remain under seal, and the reasons for the ruling.

Disclaimer: These regulations may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.