S.C. Code Regs. § § 9-100.322

Current through Register Vol. 48, No. 11, November 22, 2024

Section 9-100.322 - Evidence: Confidential and Sensitive Information

A. Without limiting the discretion of the Adjudicator to give effect to applicable privileges, the Adjudicator may limit introduction of evidence or issue such protective or other orders that in her/his judgment are required to prevent undue disclosure of classified, confidential, or sensitive matters, which include, but are not limited to, matters of a national security, business, personal, or proprietary nature. Where the Adjudicator determines that information in documents containing classified, confidential, or sensitive matters should be made available to another party, the Adjudicator may direct the party to prepare an unclassified or non-sensitive summary or extract of the original. The summary or extract may be admitted as evidence in the record.

B. If the Adjudicator determines that the procedure described in section A. is inadequate and that classified or otherwise sensitive matters must form part of the record in order to avoid prejudice to a party, the Adjudicator may advise the parties and provide opportunity for arrangements to permit a party or representative to have access to such matters.

S.C. Code Regs. § 9-100.322

Added by State Register Volume 22, Issue No. 6, Part 1, eff June 26, 1998.