Or. Admin. R. 603-057-0418 - Requests for Pesticide Use Information
(1) An agency seeking confidential
information shall make a formal written request to the Department that shall:
(a) Identify the requesting agency.
(b) Identify the Principal Investigator for
the agency.
(c) Describe the
information sought.
(d) Explain the
reason for requesting the information, including the use that will be made of
the requested information.
(e)
Include a completed and signed confidentiality agreement prepared by the
Department.
(f) Identify each
person having access to the information, and the position of each person within
the agency.
(g) Identify the person
responsible for maintaining the security of the information.
(h) Explain the procedures by which the
requesting agency will assure the confidentiality of the information.
(2) A health or environmental
researcher acting in an official capacity from an accredited university seeking
confidential information shall make a formal written request to the Department
that shall:
(a) Describe the information
sought.
(b) Describe the research
being conducted, including identity of the Principal Investigator, purpose of
the research and the use that will be made of the requested
information.
(c) Include a copy of
the university's formal review and signed acceptance of the research
project.
(d) Include a completed
and signed confidentiality agreement prepared by the Department.
(e) Identify each person having access to the
information, and the position of each person within the university.
(f) Describe the procedures by which the
requesting researcher and university will assure the confidentiality of the
information.
(3) A
health or environmental researcher acting in an official capacity from an
accepted research institute seeking access to confidential information shall
make a formal written request to the Department which shall be equivalent in
content to (2) above.
(4) The
Department will consider each request for pesticide use information, as
described in (1), (2) and (3) above, as follows:
(a) The Department will respond to the
request within 30 days of receipt of the request.
(b) The Department, in its discretion, may
request more detailed explanations in the request for information before
considering it.
(c) If the request
is approved, the requested information may be released to the requestor. The
Department will release only the information that is directly pertinent to the
research project or agency need. Information will be released in a manner that
achieves the highest level of confidentiality but still provides pertinent
data.
(d) If the request is denied,
the requester will be informed of the basis for denial.
(5) Any breach of the confidentiality
agreement as determined by the Department, may result in a civil penalty as set
forth in 603-057-0420.
Notes
Stat. Auth.: ORS 634, ORS 561.190 & Ch. 1059 OL 1999
Stats. Implemented: Ch. 1059 OL 1999
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