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Colorado Administrative Code
Department 700 - Department of Regulatory AgenciesDivision 723 - Public Utilities CommissionRule 4 CCR 723-1 - RULES OF PRACTICE AND PROCEDURE
STANDARDS OF CONDUCT
Section 4 CCR 723-1-1103 - Procedures Concerning Requests For Public Inspection Of Information Claimed To Be Confidential or Highly Confidential

4 Colo. Code Regs. § 723-1-1103

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Current through Register Vol. 47, No. 11, June 10, 2024
Section 4 CCR 723-1-1103 - Procedures Concerning Requests For Public Inspection Of Information Claimed To Be Confidential or Highly Confidential
(a) When any person makes a request to inspect Commission records that another person has claimed are confidential or is subject to highly confidential protection, the Director shall determine whether the records are subject to public inspection pursuant to the provisions of the Colorado Open Records Act. The Director shall use procedures that are consistent with the provisions of the Colorado Open Records Act. In any event, the Director shall give timely notice of the request for inspection of records to the person who submitted the documents or information subject to the request and who claims that the records are confidential or are subject to highly confidential protection. The Director shall also provide the person who submitted the information to the Commission an opportunity to submit oral or written comments regarding the public records request.
(b) Upon making a determination as to whether the requested records are subject to public inspection, the Director shall forthwith notify the person objecting to disclosure and the person requesting public inspection of Commission records of that decision.
(c) If the Director determines that the Commission's records are subject to public inspection, the Director, upon written request from the person objecting to such public disclosure, shall refrain from disclosure of the records for seven days to allow the person objecting to such disclosure to commence judicial action to prevent public inspection of the subject records.
(d) The determination as to what level of public inspection should be permitted for specific public records submitted to the Commission shall be made on a case-by-case basis and shall be based on the Colorado Open Records Act and all other applicable law.
(e) In the instance that a person files personal information or information that is otherwise sensitive to an individual's identity and does not designate the information as confidential, Commission staff may redact or otherwise designate the information as confidential and inform the filer.

4 CCR 723-1-1103

38 CR 02, January 25, 2015, effective 2/14/2015
38 CR 20, October 25, 2015, effective 11/14/2015
43 CR 13, July 10, 2020, effective 7/30/2020
45 CR 07, April 10, 2022, effective 4/30/2022