Section 0400-45-08-.13 - CONFIDENTIALITY OF DATA(1) If specifically requested by the person registering the withdrawal and if it is deemed necessary by the commissioner to protect trade secret information as defined in T.C.A. § 47-25-1702, the commissioner shall keep such trade secret information confidential. To effectuate this provision, the registrant must submit specifically precluded data on separate forms using forms which are coded in such a manner as to conceal the identity of the facility or registrant.(2) If an applicant makes a request for confidential treatment, the Division shall treat the information as confidential pending a determination of whether it qualifies and any review of that determination as provided herein. If the Division determines that any information is not entitled to confidential treatment for any reason, it shall inform the person in writing. A request for an informal review by the Commissioner or a designee may be filed within 30 days of receipt of the letter denying confidential treatment. The informal review shall not be conducted as a contested case under T.C.A. § 4-5-101 et seq. The Commissioner shall issue a written determination after the informal review. If no timely request for review is filed or upon the expiration of thirty days after the Commissioner's written determination that the information is not entitled to confidential treatment, the Division may cease to treat the information as confidential.Tenn. Comp. R. & Regs. 0400-45-08-.13
Original rule filed June 18, 2012; effective September 16, 2012.Authority: T.C.A. §§ 69-7-301 et seq., and 4-5-201 et seq.