N.Y. Comp. Codes R. & Regs. tit. 12 § 700.8

Current through Register Vol. 46, No. 43, October 23, 2024

Section 700.8 - Records containing trade secrets

(a)

(1) Any person who submits records to the department shall identify the portions considered to be trade secrets and request that they be excepted from disclosure pursuant to Public Officers Law, section 87(2)(d).

(2) The request shall be in writing and state why the information is considered to be a trade secret excepted from disclosure.

(b) The records access officer shall, at any time thereafter, or upon receipt of a request for disclosure of such record, determine whether the request for exception will be granted, continued, terminated or denied. Before doing so, the officer shall notify the person who submitted the records that a determination is to be made and of the right to submit a written statement, within 10 business days of receipt of the notice, as to the necessity for granting or continuing the exception from disclosure. Within seven business days of receipt of the statement or of the expiration of the time for submission of the statement, the officer will grant, continue, terminate or deny the exception. The determination shall state the reasons upon which it is based.

(c) Within seven business days of receipt of a copy of the determination, an aggrieved person may appeal to the Commissioner of Labor. The commissioner shall decide the appeal within 10 business days of its receipt.

(d) Records or parts of records identified as trade secrets shall be charged to the custody of the head of the division, bureau or office with which the record is filed. That individual shall specify which persons subject to his supervision may inspect such records. The Commissioner of Labor and the records access officer and their designees shall have the right to inspect such records.

(e) Records or parts of records for which trade secret status is requested shall, until 15 days after a final determination denying such status, be kept in secure facilities and be treated as trade secrets during such period.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 700.8