S.D. Admin. R. 20:10:01:43

Current through Register Vol. 50, page 159, June 17, 2024

Section 20:10:01:43 - Requests for access to confidential information

Requests for access to confidential information shall be handled as follows:

(1) The request shall be filed with the commission's executive director;

(2) After a request for access to confidential information has been made, the commission may establish a procedural schedule for the purposes of determining confidentiality;

(3) The commission shall issue a protective order for information that it determines to be confidential. The protective order may contain procedures for handling the information and for controlling access to it for hearing purposes. Any information subject to a protective order is treated as confidential;

(4) Upon a determination that the information is not confidential, the information shall be afforded confidential treatment for an additional period of ten days or for a longer period as ordered by the commission to give the party asserting confidentiality an opportunity to seek review by the court; and

(5) If the commission has made a prior ruling that the information is confidential, the commission may take notice of the prior ruling. The commission shall consider whether or not the circumstances of the request are the same as in the prior ruling in determining what weight, if any, should be given to the prior ruling.

S.D. Admin. R. 20:10:01:43

16 SDR 148, effective 3/22/1990.

General Authority: SDCL 49-1-11.

Law Implemented: SDCL 49-1-11.