Ohio Administrative Code
Title 3750 - Emergency Response Commission
Chapter 3750-60 - Trade Secrets
Section 3750-60-27 - Supplemental information
Universal Citation: OH Admin Code 3750-60-27
Current through all regulations passed and filed through March 18, 2024
(A) The commission may request supplemental information from the claimant in support of its trade secrecy claim, pursuant to paragraph (A)(1)(a) of rule 3750-60-40 of the Administrative Code.
(1) The
commission may specify the kind of information to be submitted pursuant to
paragraph (A) of this rule; or,
(2) The claimant may provide any additional
detailed information which further supports the truth of the information
previously supplied to the commission in its initial substantiation under rule
3750-60-20
of the Administrative Code.
(B) The claimant may claim as confidential any trade secret or confidential information contained in the supplemental information. To claim this material as confidential, the claimant shall:
(1) Clearly designate those portions of the
supplemental information claimed as confidential by marking those portions
"Confidential" or "Trade Secret". Information not so marked will be treated as
public and may be disclosed without notice to the claimant; and,
(2) Provide certification by the claimant,
owner, operator, or senior official with management responsibility of the
claimant that those portions of supplemental information claimed as
confidential would, if disclosed, reveal the chemical identity being claimed as
confidential or would reveal other confidential business or trade secret
information; and
(3) Submit two
copies of the supplemental information to the commission, in a sanitized and
unsanitized version if the supplemental information is requested by the
commission and the claimant claims portion of it as trade secret or
confidential.
(a) The unsanitized version
shall contain all the information claimed as a trade secret or as confidential,
marked as indicated in paragraph (B)(1) of this rule.
(b) The second copy shall be identical to the
unsanitized version identified in paragraph (B)(3)(a) of this rule except that
it will be sanitized version, in which all the information claimed as a trade
secret or as confidential shall be deleted. If any of the information claimed
as a trade secret in the supplemental information is the chemical identity
which is the subject of the substantiation, the claimant shall include the
appropriate generic class or category of the chemical claimed as a trade
secret. The method of choosing a generic class or category is set forth in rule
3750-60-10
of the Administrative Code.
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