Utah Admin. Code R590-220-16 - Classification of Documents
(1)
Except as provided in
R590-167-12, the
commissioner shall maintain as a protected record the records submitted under
Sections
31A-30-106
and
31A-30-106.1.
(2) In accordance with Section
63G-2-305, the
only information the commissioner may classify as protected is:
(a) information deemed to be a trade secret.
Trade secret means information, including a formula, pattern, compilation,
program, device, method, technique, or process, that:
(i) derives independent economic value,
actual or potential, from not being generally known to, and not being readily
ascertainable by proper means by, other persons who can obtain economic value
from its disclosure or use; and
(ii) is the subject of efforts that are
reasonable under the circumstances to maintain its secrecy; or
(b) commercial information and
non-individual financial information obtained from a person if:
(i) disclosure of the information could
reasonably be expected to result in unfair competitive injury to the person
submitting the information or would impair the ability of the commissioner to
obtain necessary information in the future; and
(ii) the person submitting the information
has a greater interest in prohibiting access than the public has in obtaining
access.
(3)
The person submitting the information under Subsection (2)(a) or (b) and
claiming that such is or should be protected shall provide the commissioner
with the information in Subsection
63G-2-309(1)(a)(i).
(a) The filer shall request protected
classification for the specific document the filer believes qualifies under
Subsections
63G-2-305(1) or
(2) when the filing is submitted;
and
(b) the request shall include a
written statement of reasons supporting the request that the information should
be classified as protected.
(4) Once the filing has been received, the
commissioner will review the documents the filer has requested to be classified
as protected to determine if the request meets the requirements of Subsections
63G-2-305(1) or
(2).
(a) If
all the information in the document meets the requirements for being classified
as protected and the required statement is included, the document will be
classified as protected and the information will not be available to the
public.
(b) If all the information
in the document does not meet the requirements for being classified as
protected, the commissioner will notify the filer of the denial, the reasons
for the denial, and the filer's right to appeal the denial. The filer has 30
days to appeal the denial as allowed by Section
63G-2-401.
(c)
(i)
Despite the denial of protected classification, the commissioner shall treat
the information as if it had been classified as protected until:
(A) the 30 day time limit for an appeal to
the commissioner has expired; or
(B) the filer has exhausted all appeals
available under Title 63G, Chapter 2, Part 4 and the document has been found to
be a public document.
(ii) During the 30 day time limit to appeal
or during the appeal process, the filer may withdraw:
(A) the filing; or
(B) the request for protected
classification.
(d) If the filer combines, in a document,
information it wishes to be classified as protected with information that is
public, the document will be classified as public.
Notes
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