Or. Admin. Code § 860-001-0070 - Confidential Information
(1) This rule
applies to information submitted under a claim of confidentiality under the
Public Records Law, but does not apply to information designated as
confidential under a protective order in a contested case proceeding.
(2) At the time of submission, a
person may designate a document or portion of a document as containing
confidential information. A designation must be made in good faith and be
limited to information that qualifies for protection. The person asserting
confidentiality must state the legal basis for the claim of confidentiality.
(3) Unless otherwise provided by
Commission order, confidential information submitted under this rule must be
clearly labeled on each electronic page as confidential and identified as
confidential in the document name, or printed on yellow paper, separately
bound, and placed in a sealed container or provided on a portable data storage
device clearly labeled with the word CONFIDENTIAL and placed in a sealed
container. Spreadsheets containing confidential information must be labeled
with "confidential" in the header or footer. To the extent practicable, the
provider must place only the portions of the document that contain confidential
information in the container. The confidential information on each page must be
clearly marked by inserting [Confidential] before and after the portion of
information that is confidential. The container must be marked "CONFIDENTIAL."
Multiple sealed containers may be mailed in one package.
(4) Confidential information submitted to the
Commission is exempt from public disclosure to the extent provided under the
Public Records Law, ORS
192.410 through
192.505.
(5) Any failure to comply with the
requirements in this rule may result in the submission not being treated as
including confidential information or being returned to the provider for
correction and resubmission.
Notes
Stat. Auth.: ORS 756.040 & 756.060
Stats. Implemented: ORS 192.420-192.505, & 756.040
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