7 Del. Admin. Code § 2103-9.0 - Proprietary Application Information
9.1 Applicants are hereby notified that the
Department intends to make all applications submitted available to non-State
personnel for the sole purpose of assisting in its evaluation of the
applications. These individuals will be required to protect the confidentiality
of any specifically identified proprietary information obtained as a result of
their participation in the evaluation.
9.2 Proposals submitted may contain trade
secrets and privileged or confidential commercial or financial information
which the applicant does not want to be used or shown for any purpose other
than evaluation of the application. The use and disclosure of such data may be
restricted, provided the applicant follows the Department's "Request for
Confidentiality" procedure contained in the Department's "Freedom of
Information Act" or "FOIA" regulation. It is important to understand that this
FOIA regulation's confidentiality procedure is a necessary part of this
regulation in that any information submitted to the Department is subject to
public review unless deemed to be confidential by the Secretary in accordance
with the criteria and procedures established in the FOIA regulation.
9.3 The burden lies with the applicant
asserting the claim of confidentiality to meet the criteria established in the
FOIA regulation.
Notes
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