3 AAC 48.045 - Procedure to classify records as confidential

Current through April 6, 2022

(a) A person wishing to protect a record filed with, served upon, or otherwise made available to the commission must file with the commission a petition identifying the record to be protected and setting out good cause, including facts, reasons, or other grounds, for the commission to classify that record as confidential. If, at the time of filing, the person wishes to protect a record under this section, that person must stamp or otherwise mark the record as "confidential," and must file that record separately from any public record. If a person wishes to protect a record that has already been filed with the commission, that person must file a request with the commission to have that record marked as "confidential" and filed separately from any public record. A person may not file electronically any confidential record, and any document electronically filed with the commission is a public record in accordance with AS 42.05.671(a) and AS 42.06.445(a). The commission will reject an electronic filing, without releasing it as a public record, if the filing plainly contains confidential information. However, nothing in this subsection requires or imposes a duty on the commission to screen a filing for confidential information, and the commission will not screen a filing for confidential information.
(b) Good cause to classify a record as confidential under this section includes a showing that
(1) disclosure of the record to the public might competitively or financially disadvantage or harm the person with confidentiality interest or might reveal a trade secret; and
(2) the need for confidentiality outweighs the public interest in disclosure.
(c) A person who opposes a petition filed under (a) of this section may file a statement of opposition to the petition within five days of the filing of the petition with the commission. The statement must set out the facts and reasons why the record under consideration should not be classified as confidential.
(d) Unless the public interest or considerations of justice require expedited action, the decision of whether to grant or deny a petition to classify a record as confidential, in whole or in part, will be issued by the commission within 30 days following the filing of the petition.
(e) Pending the commission's action on a petition filed under (a) of this section, the record identified in the petition will be treated as confidential.
(f) Upon a determination by the commission that good cause exists under (b) of this section, an order will be issued by the commission that classifies the record as confidential and restricts access to the record or sets out other reasonable terms or conditions regarding access to it.


3 AAC 48.045
Eff. 6/29/84, Register 90; am 7/12/92, Register 123; am 2/16/2012, Register 201

Authority:AS 42.05.141

AS 42.05.151

AS 42.05.671

AS 42.06.140

AS 42.06.445

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