1. (a) A grant application and other materials submitted to the authority under AS 42.45.045 and 3 AAC 107.600 - 3 AAC 107.695 are subject to disclosure under AS 40.25.100 - 40.25.295 (Alaska Public Records Act) and 2 AAC 96, unless the authority determines that the material is protected from disclosure under AS 40.25.120.

2. (b) A person submitting a grant application or other material under AS 42.45.045 and 3 AAC 107.600 - 3 AAC 107.695 may request that the authority keep certain information confidential. The request must

   1. (1) clearly designate the specific information to be kept confidential; and
   2. (2) specifically describe the basis for asserting that the information is protected from disclosure under AS 40.25.120; if the person believes the information is protected as a trade secret or business proprietary information, the description must include analysis of whether the person's commercial privacy interest in protecting the information from disclosure outweighs the public interest in obtaining the information.
3. (c) If the authority receives a public records request and determines the information requested is protected from disclosure under AS 40.25.120, the authority will not release the information except to authority personnel and contractors for purposes of evaluating the person's application. If the authority determines the information may not be protected from disclosure under AS 40.25.120, the authority will notify the person submitting the information, who is responsible at the person's own expense for seeking judicial relief or taking other action necessary to protect the material from disclosure under AS 40.25.100 - 40.25.295.

(Eff. 10/16/2009, Register 192)