Ariz. Admin. Code § R18-2-305 - Public Records; Confidentiality
A. The Director shall make all permits,
including all elements required to be in the permit pursuant to
R18-2-306, available to the
public. No permit shall be issued unless the information required by
R18-2-306 is present in the
permit.
B. A notice of
confidentiality pursuant to A.R.S. §
49-432(C) shall:
1. Precisely identify the information in the
documents submitted which is considered confidential.
2. Contain sufficient supporting information
to allow the Director to evaluate whether such information satisfies the
requirements related to trade secrets or, if applicable, how the information,
if disclosed, is likely to cause substantial harm to the person's competitive
position.
C. Within 30
days of receipt of a notice of confidentiality that complies with subsection
(B) above, the Director shall make a determination as to whether the
information satisfies the requirements for trade secret or competitive position
pursuant to A.R.S. §
49-432(C)(1) and
so notify the applicant in writing. If the Director agrees with the applicant
that the information covered by the notice of confidentiality satisfies the
statutory requirements, the Director shall include a notice in the file for the
permit or permit application that certain information has been considered
confidential.
D. If the Director
takes action pursuant to A.R.S. §
49-432(D) and
obtains a final order authorizing disclosure, the Director shall place the
information in the public file and shall notify any person who has requested
disclosure. If the court determines that the information is not subject to
disclosure, the Director shall provide the notice specified in subsection (C)
above.
Notes
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