Ohio Admin. Code 3745-49-03 - Trade secrets
(A)
A trade secret
claim shall be submitted to the agency simultaneously with submission of the
specific information, and such request shall be accompanied by sufficient
supporting documentation. Failure to make such timely request shall constitute
a waiver of the right to prevent public disclosure. If a claimant does not
submit the documentation and substantiation required by paragraph (B) of this
rule at the time of the submission of the information claimed to constitute a
trade secret, the submission shall be considered a public record of the
agency.
(B)
A claimant shall bear the burden of proving to the
satisfaction of the director that the information submitted or portion thereof
is a trade secret.
(1)
In order to assert a trade secret claim regarding a
submission, the claimant shall, at the time of the submission, provide the
following to the director:
(a)
An unredacted copy of the submission, identified as
such, with each page numbered consecutively from beginning to end.
(b)
A
proposed public copy of the submission, identified as such, with each page
numbered consecutively from beginning to end.
(c)
With respect to
each item of information claimed to be a trade secret, a statement that
describes each item and identifies the location of each item.
(d)
A sworn or
affirmed statement of reasons, including the factual basis thereof, as to why
each item of information redacted from the proposed public copy is a trade
secret.
(2)
A trade secret claim is not asserted by simply
stamping, marking, or otherwise identifying information as "confidential,"
"trade secret," or the like.
(C)
Upon a showing
satisfactory to the director by any person that information maintained by the
agency, or a particular part thereof, is a trade secret, the agency shall
consider such information confidential. Any information determined by the
director to be confidential or the subject of a pending trade secret claim may
be disclosed, without the claimant's consent, as follows:
(1)
To officers,
employees, or authorized representatives of the state or a federal
agency.
(2)
In any in camera administrative proceeding or in
camera judicial proceeding conducted in accordance with applicable law.
(D)
If the director makes a determination denying all or
any portion of a trade secret claim, the director shall not disclose the
information that is the subject of the trade secret claim until the expiration
of the applicable time period for appealing the determination or until all
appeals have been exhausted.
(E)
If a public
records request encompasses records the agency possesses that are the subject
of a pending claim that the records constitute a trade secret and that the
release of such records is thus prohibited by law, in addition to any
appropriate response otherwise required by section
149.43 of the Revised Code,
within a reasonable time after receipt of the request, the requestor shall be
provided with the proposed public copy of the record requested and shall be
notified by the agency of the following:
(1)
Certain records
encompassed by the request, which are in the possession of the agency, are
subject to a pending claim that such records constitute a trade secret.
(2)
A
determination whether such records constitute a trade secret will be made
within forty-five days of the date the request to inspect public records was
received by the agency.
(3)
The requestor will receive written notification of
such determination.
(4)
Until such determination is made, the requested
records are not subject to disclosure by the agency.
(5)
If the director
determines that any portion of the requested records constitute a trade secret,
the requestor shall be provided with a public copy of the records.
(6)
If
the director determines that the requested records do not constitute a trade
secret, the requestor shall be provided a copy of the records.
Replaces: 3745-49-03
Notes
Promulgated Under: 119.03
Statutory Authority: 3704.03, 3714.02, 3734.02, 3734.021, 3734.12, 3734.70, 3734.71, 3734.72, 3734.73, 3734.74, 3745.01, 3746.04, 3751.02, 3752.03, 3753.02, 6109.04, 6111.03, 6111.041
Rule Amplifies: 149.43
Prior Effective Dates: 08/13/73
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