Section 0780-06-01-.03 - SUBMISSION OF PROPIETARY INFORMATION(1) In order for information submitted to the board to be deemed proprietary information, a producing party must:(a) place the term "CONFIDENTIAL" on the cover of any document containing proprietary information and clearly and specifically mark all proprietary information contained within the document.(b) provide satisfactory proof that the information is competitive and sensitive and its disclosure could be harmful to the producing party. Such proof should be submitted in the form of an affidavit.(2) Unless otherwise required by the board, subparagraph 1(b) of this rule shall not apply to a producing party if the information to be submitted concerns costs, revenue, technology, or market and customer data.(3) For the purposes of rule 0780-6-1-.04(1) the Board shall treat all information submitted in accordance with paragraph (1)(a) of this rule as proprietary information. If after review however, the Board determines the submitted information fails to otherwise qualify under these rules as proprietary information, that information shall not be utilized by the Board but, instead, shall be returned immediately to the producing party.Tenn. Comp. R. & Regs. 0780-06-01-.03
Original rule filed June 30, 1999; effective September 13, 1999.Authority: T.C.A. § 7-86-317.