N.M. Admin. Code § 19.11.1.8 - CONFIDENTIAL INFORMATION PROTECTION
A. Applicants or permittees who submit
information to the division may claim such information as confidential.
Applicants or permittees must assert any claim of confidentiality at the time
of submittal.
B. To claim
confidentiality of information in a submittal, the applicant or permittee must
clearly mark each page in the document on which the applicant or permittee
claims there is confidential information, and submit to the division a written
description of the basis for the claim of confidentiality and why the
information meets the requirements for a claim of confidentiality at the time
it submits the document to the division. The division shall review the claim of
confidentiality based on the written submittal and determine whether the
information may be maintained as confidential pursuant to the Inspection of
Public Records Act, Section
14-2-1 et seq. NMSA 1978 (1993, as
amended). The division shall determine whether the information may be
maintained as confidential prior to reviewing an application or request for
approval. If the division determines that information in a submittal is
confidential, the division may require submission of redacted copies of the
submittal for the public record.
C.
If no claim of confidentiality is made at the time of submission, any such
claims are deemed waived and the division may make the information available to
the public without further notice.
D. The division will deny claims of
confidentiality for the name and address of any applicant or permittee or any
information that deals with the existence, absence or level of contaminants in
drinking water or the document is otherwise publicly available.
E. Information the division determines is
confidential may be disclosed to officers, employees or authorized
representatives of the division, or may be used in any proceedings conducted
pursuant to the Act when such information is essential to such proceeding. The
division may close that part of a proceeding where confidential information
covered by Section
71-2-8 NMSA 1978 is discussed by
the division.
Notes
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