Section 459.125 - Certain records and documents of the Division regarding radiation control declared confidential; procedure for marking documents as confidential1. The State Board of Health hereby declares to be confidential, the following final records and documents of the Division regarding radiation control:(a) Correspondence to and from the Division regarding the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation or violation of a license, permit, order or standard design approval, or regarding a proceeding concerning the adoption of regulations pursuant to NRS 459.010 to 459.290, inclusive; and(b) Records and documents of the Division regarding radiation control which are: (1) Established by an executive order issued by the President of the United States to be kept secret in the interest of national defense or foreign policy and are in fact properly classified pursuant to that executive order;(2) Related solely to the internal personnel rules and practices of the Division regarding radiation control;(3) Specifically exempted from disclosure by statute but only if that statute requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue;(4) Trade secrets as provided in NRS 459.050 and commercial or financial information obtained from a person which is privileged or confidential;(5) Interagency or intra-agency memorandums or letters regarding radiation control which would not be available by law to a party other than an agency in litigation with the Division;(6) Information of a personal nature, including, without limitation, personnel and medical files and other similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;(7) Records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information:(I) Could reasonably be expected to interfere with enforcement proceedings;(II) Would deprive a person of a right to a fair trial or an impartial adjudication;(III) Could reasonably be expected to constitute an unwarranted invasion of personal privacy;(IV) Could reasonably be expected to disclose the identity of a confidential source, including a State or local agency or authority, or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source;(V) Would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law; or(VI) Could reasonably be expected to endanger the life or physical safety of any person;(8) Contained in or related to examination, operating or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; and(9) Geological and geophysical information and data, including maps, concerning wells.2. A person who wishes to have a document, or a portion of it, withheld from public disclosure because it contains confidential information pursuant to subsection 1 must ensure, at the time of filing with the Division the information sought to be withheld, that the document containing information sought to be withheld is marked as follows:(a) The first page of the document, and each successive page containing such information, must be marked so as to be readily visible, at the top or by electronic watermark or other suitable marking on the body of the page, with language substantially similar to: "confidential information submitted pursuant to NAC 459.125," "withhold from public disclosure under NAC 459.125," or "proprietary," to indicate that it contains information the requester wishes to have withheld.(b) Each document or page, as appropriate, containing information sought to be withheld from public disclosure must indicate, adjacent to the information or as specified in paragraph (a) if the entire page is affected, the basis, including, without limitation, trade secret or personal privacy, for proposing that the information be withheld from public disclosure pursuant to subsection 1.Nev. Admin. Code § 459.125
Added to NAC by Bd. of Health by R144-13, eff. 10/13/2016