Or. Admin. Code § 123-047-0080 - Records and Data Confidentiality

(1) Applications and financing contracts will be public records that are subject to disclosure except for material that qualifies under a public records exemption or is otherwise subject to confidentiality protections provided by law. The Department will redact material that is exempt from disclosure under the Oregon Public Records Law.

(2) When submitting materials to the Department, it is the applicant's responsibility to mark material believed exempt from disclosure under Oregon Public Records Law. To designate a portion of an application as exempt from disclosure under the Oregon Public Records Law, the applicant shall:

(a) Clearly identify in the body of the application or financing contract only the limited material that is believed to be a trade secret or would otherwise be exempt under public records law;

(b) Identity the public records law exemption(s) that is believed to apply; and

(c) Provide a justification for how each portion designated as exempt meets the criteria under the public records law.

(3) The Department shall determine whether any information is exempt from disclosure.

(4) Applicants are advised to consult with legal counsel regarding disclosure issues. Applicants may wish to limit the amount of trade secret information submitted, providing only what is necessary to submit a complete and competitive application.

Notes

Or. Admin. Code § 123-047-0080

OBDD 30-2023, adopt filed 11/14/2023, effective 11/14/2023

Statutory/Other Authority: ORS 285A.075, ORS 285A.166, Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB 3201)

Statutes/Other Implemented: Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB 3201)