980 CMR, § 4.05 - Introduction of Confidential Information in Adjudicatory Proceedings

(1) General Purpose. If any information is determined pursuant to 980 CMR 4.04 to consist of trade secrets or other matter entitled to protection or is exempt from public access for any other reason, it may be introduced into evidence in an adjudicatory proceeding by a party under the provisions of 980 CMR 4.05.

(2) Procedures for Introduction of Confidential Information.

(a) The party seeking to introduce confidential information must first satisfy the Council that the information consists of trade secrets or other matters entitled to protection or is exempt from public access.

(b) Every party shall be entitled to hear or review confidential information and, as appropriate, to cross-examine witnesses, to object to the introduction of evidence, and to exercise all other rights available to a party.

(c) The Council shall take such measures and issue such orders as may be appropriate and necessary to protect the confidentiality of information and to preserve the rights of all parties. Such measures may include the exclusion of the public from portions of hearings and the separate and protected fiHng of portions of transcripts and items of evidence. Such orders may include orders that parties and their counsel not reveal confidential information to any other person.

(d) Any party may without prejudice to any rights elect not to hear or review confidential information.

Notes

980 CMR, § 4.05