New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 1K - POLLUTION PREVENTION PROGRAM RULES
Subchapter 10 - DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION OR ASSERTEDLY CONFIDENTIAL INFORMATION
Section 7:1K-10.1 - Disclosure of confidential information or assertedly confidential information to other public agencies
Universal Citation: NJ Admin Code 7:1K-10.1
Current through Register Vol. 56, No. 24, December 18, 2024
(a) The Department may disclose confidential information or assertedly confidential information to any other State agency or to a Federal agency if:
1. The Department receives a written request
for disclosure of the information from a duly authorized officer or employee of
the requesting agency;
2. The
Department notifies the other agency of any pending confidentiality claim
concerning the requested information, or of any confidentiality determination
regarding the requested information;
3. The other agency has furnished to the
Department a written opinion from the agency's chief legal officer or counsel
stating that under applicable law the agency has the authority to compel the
person who submitted the information to the Department (or allowed the
Department to obtain such information) to disclose such information to the
requesting agency;
4. The other
agency has adopted regulations or operates under statutory authority that will
allow it to preserve confidential information or assertedly confidential
information from unauthorized disclosure, and agrees in writing to refrain from
disclosure and to safeguard the information in accordance with the requirements
of N.J.A.C. 7:1K-11.1 and 11.2,
unless:
i. The requesting agency has
statutory authority both to compel production of the information and to
disclose it; or
ii. The claimant
has consented to disclosure of the information by the requesting agency;
and
5. The requesting
agency agrees not to disclose the information further unless:
i. The requesting agency has statutory
authority both to compel production of the information and to make the proposed
disclosure; or
ii. The claimant has
consented to disclosure of the information by the requesting agency.
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