La. Admin. Code tit. 33 § IX-6503

Current through Register Vol. 50, No. 6, June 20, 2024

Section IX-6503 - Request for Nondisclosure of Confidential Information

A. Maintenance of Confidential Information. In accordance with R.S. 30:2030 and 30:2074(D), the following shall apply to all requests for nondisclosure of confidential information.

1. Information determined to be confidential by the department shall be segregated from any information determined to be nonconfidential, provided in cases where confidential information cannot be reasonably extracted or separated from nonconfidential information, the whole document shall be confidential. Confidential information shall be maintained in a locked file separate from nonconfidential information. The file shall be labeled "confidential," with access appropriately controlled.

2. Any person who seeks authorization to information that has been determined confidential must qualify under R.S 30:2030(A)(2) and be duly authorized by the administrative authority. The administrative authority shall make the determination to grant such authorization based on a request by such person. The administrative authority may request in writing the requestor's name, affiliation, and the need for access to the information based on the act or applicable federal or state law. Any person authorized under R.S. 30:2030(A)(2) who gains access to a confidential file shall sign an access log that indicates his understanding of the confidential status and his responsibility to protect the information from being disclosed to the public. The person shall also indicate in the access log which file was removed, the date and time the file was removed, the affiliation of the person, if not with the department, and the time and date the file was returned.

3. Except for members of the department staff, authorized persons shall review a confidential file under the supervision of a department staff member. Confidential information shall be removed from the file no longer than is strictly necessary.

B. In accordance with R.S. 30:2030 and 30:2074(D), the department may remove confidential information from its files and return it to the provider when such information is no longer necessary or required for the purposes of the act, these regulations, or any order or under the terms and conditions of any license or permit, and the provider has requested such action in writing.

La. Admin. Code tit. 33, § IX-6503

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 21:945 (September 1995), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2556 (November 2000), repromulgated LR 30:233 (February 2004).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4)