Section Env-C 208.07 - Release or Other Use of Information(a) When the department receives a request for the release of information that has been designated by the person who submitted the information as CBI and that has not been determined to be non-confidential pursuant to Env-C 208.05(b), the department shall notify, in writing:(1) The person requesting the information that the information is subject to a claim of confidentiality but will be released on a specified date unless an objection is received from the person who submitted the information; and(2) The person asserting the claim of confidentiality that the information will be released pursuant to the request on a specific date unless the person submits a written objection with the department prior to the specified release date that clearly explains all of the reasons why the person believes the information should not be released.(b) The release date specified in the notices provided pursuant to (a), above, shall be no sooner than 10 business days after the date of issuance of the notice.(c) If the department receives a written objection pursuant to (a)(2), above, the department shall: (1) Provide a copy of the objection to the person(s) who requested the information; and(2) Request assistance from the New Hampshire department of justice to resolve the dispute.(d) If the person who submitted the information does not file a written objection to the release with the department prior to the specified release date, the department shall release the information to the person who requested it and thereafter the information shall no longer be treated as confidential by the department.(e) The department shall have the use of any information submitted to it, regardless of whether a CBI claim has been asserted with respect to the information, for any purpose whatsoever, including:(1) Using the information for compiling surveys, statistics, or studies, so long as such use does not compromise the confidentiality of any information that is CBI; or(2) Ensuring compliance with applicable requirements.N.H. Code Admin. R. Env-C 208.07
Derived From Volume XXXV Number 14, Filed April 9, 2014 , Proposed by #10802-A, Effective 3/24/2015.