326 IAC 17.1-5-2 - Request for additional supporting information
Authority: IC 13-14-8; IC 13-19-3-1
Affected: IC 5-14-3; IC 13-14-11
Sec. 2.
(a) The
commissioner may request additional supporting information regarding a claim of
confidentiality. Any additional supporting information claimed as confidential
shall be treated as confidential until the commissioner makes a determination
as required by section 1 of this rule.
(b) If the commissioner intends to make a
determination to deny a claim of confidentiality, the commissioner shall notify
the person in writing by certified mail, with return receipt requested, stating
the following:
(1)Additional supporting
information shall be submitted in accordance with
326 IAC
17.1-4-1(c).
(2) The person has fifteen (15) days from the
date of receipt of the notice to respond.
(3) A submission shall be completed in the
time frames and by the methods specified by IC
4-21.5-3-1(h).
The person shall notify the department by telephone or facsimile within the
fifteen (15) day period under subdivision (2) that additional supporting
information has been mailed or deposited with a private carrier.
(4) Failure to submit any additional
supporting information within fifteen (15) days under subdivision (2), or
within the time allowed under subsection (d) to provide additional information
in support of the claim, will result in a determination based on the
information and any supporting information already received.
(5) Any additional supporting information
claimed as confidential shall be treated as confidential until the commissioner
makes a determination as required by section 1 of this rule.
(c) The commissioner shall make a
determination after receipt of the additional supporting information submitted
under subsection (b). The commissioner shall notify the person under subsection
(b) of the intent to deny a claim of confidentiality only once before making a
determination under sections [sic., section] 3 or 4 of this
rule. If the person fails to submit additional supporting information in
accordance with subsection (b), the commissioner will make a determination
based on the information and any supporting information already
received.
(d) The commissioner may
approve an extension of time for submitting additional information if the
person makes a request in writing within the fifteen (15) days allowed in
subsection (b)(2) and (b)(3). The extension will not exceed fifteen (15) days.
Notes
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