Or. Admin. Code § 409-070-0070 - Confidentiality; Permitted Disclosures
(1) An applicant
for review of a material change transaction may designate portions of a notice
and any documents thereafter submitted by the applicant in support of the
notice as confidential. Any portion or portions of a notice of material change
transaction designated as confidential must be provided separately as one or
more attachments. The entities must not include any confidential information in
the notice of material change transaction form itself.
(2) Entities submitting forms, documents,
materials, or other information, including an optional application for
determination of covered transaction status under OAR
409-070-0042 or a request for
emergency exemption under OAR
409-070-0022 must file two
versions of the submitted documents. One must be marked as "CONFIDENTIAL" and
must contain the full unredacted version of the notice or supporting materials
and must be maintained as such by the Authority and the Department. The second
must be marked as "PUBLIC" and must contain a redacted version of the notice or
supporting materials (from which the confidential portions have been removed or
obscured) and must be made available to the public by the Authority. An
applicant claiming confidentiality in respect of portions of a notice, or any
documents thereafter submitted by the applicant in support of the notice, must
include a redaction log that provides a reasonably detailed statement of the
grounds on which confidentiality is claimed, citing the applicable statutory
basis for confidentiality of each portion.
(3) Confidential materials filed by an
applicant in connection with a transaction that is subject to review by each of
the Authority and the Department must be maintained as confidential materials
in accordance with paragraph (1) of this rule, ORS
415.501(13)(c)
and ORS 705.137.
(4) Confidential materials filed by an
applicant in connection with a transaction that is subject to review by the
Authority under these rules and under the Authority's CCO Acquisitions and
Mergers in OAR 410-141-5255, et seq., must be
maintained as confidential materials in accordance with paragraph (1) of this
rule and ORS 415.501(13)(c).
(5) The Authority may authorize sharing a
confidential document, material or other information as appropriate among the
administrative divisions and staff offices of the Authority for the purpose of
administering and enforcing the program.
(6) Disclosing a document, material or other
information to the Authority under this section or sharing a document, material
or other information as authorized in subsection (3) of this section does not
waive an applicable privilege or claim of confidentiality in the document,
material or other information.
Notes
Statutory/Other Authority: ORS 415.501
Statutes/Other Implemented: ORS 415.500 - 415.900
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