S.D. Admin. R. 20:10:01:42 - Requirements for proving confidentiality

A request for confidentiality generates confidential treatment of information pursuant to ยง 20:10:01:40, but it does not constitute a determination that the information is or is not confidential. The information will be treated as confidential and shall not be released until after a confidentiality determination has been made. The commission shall determine confidentiality after a request for access to the information is received. The party requesting confidentiality has the burden of proving by a preponderance of the evidence that the information qualifies as confidential information by showing that disclosure would result in material damage to its financial or competitive position, reveal a trade secret, or impair the public interest.


S.D. Admin. R. 20:10:01:42
16 SDR 148, effective March 22, 1990.

General Authority: SDCL 49-1-11.

Law Implemented: SDCL 49-1-11.

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