N.J. Admin. Code § 7:14A-18.9

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:14A-18.9 - Disclosure of confidential information to State, Interstate and Federal agencies with the exception of the USEPA and the U.S. Department of Justice

(a) The Department shall disclose information which has been determined to be entitled to confidential treatment to State, interstate, and Federal agencies, other than the USEPA and U.S. Department of Justice, as provided at 7:14A-18.12, if:

1. The Department receives a written request for disclosure of the information from a duly authorized officer or employee of the other agency;

2. The request sets forth the official purpose for which the information is needed;

3. The Department notifies the other agency of its determination that the information is entitled to confidential treatment;

4. The other agency has first furnished to the Department a written opinion from the agency's chief legal officer or counsel stating that under applicable law the agency has the authority to compel the person who submitted the information to the Department to disclose such information to the other agency; and

5. The other agency agrees not to disclose the information further, unless the other agency has statutory authority both to compel production of the information and to make the proposed disclosure.

(b) Except as provided in 7:14A-18.5(h) (emergency disclosure), and 7:14A-18.12, the Department shall notify the affected person in writing of its intention to disclose information which has been determined to be entitled to confidential treatment to any other governmental agency at least 10 days in advance of the disclosure.

N.J. Admin. Code § 7:14A-18.9