1. (a) Pursuant to Arkansas Code § 23-13-718(d), records regarding TNS, TNC drivers, or personal vehicles are not subject to disclosure to a third party by the Arkansas Public Service Commission and are exempt from the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq.
2. (b) Regarding records that are protected pursuant to Arkansas Code § 23-14-718(d), if it becomes necessary to file records with the Arkansas Public Service Commission, provide records to staff, or provide records to a party to an Arkansas Public Service Commission proceeding pursuant to this part, any such records shall be filed or provided in the same manner as information submitted pursuant to a protective order issued by the Arkansas Public Service Commission pursuant to the Rules of Practice and Procedure, 23 CAR pt. 462.

3. (c) Any party may contest:

   1. (1) A claim of confidentiality of the records submitted by written motion within five (5) days of the filing of the records; or
   2. (2) Continuing entitlement to protection in accordance with the Rules of Practice and Procedure.
4. (d) Challenge of the status of any record claimed as protected shall be pursuant to 23 CAR § 462-404.
5. (e) Disclosure of records provided as confidential pursuant to this section will be limited to those persons who sign an affidavit of nondisclosure in the form prescribed by the Arkansas Public Service Commission.
6. (f) Affidavits of nondisclosure signed pursuant to this section shall comply with the requirements contained in the Rules of Practice and Procedure.
7. (g) Any Arkansas Public Service Commission employee or agent participating in any inspection of TNC records that are protected pursuant to statute or Arkansas Public Service Commission order shall execute an affidavit of nondisclosure pursuant to 23 CAR § 462-404(g) in the form prescribed by the Arkansas Public Service Commission.
8. (h) Any Arkansas Public Service Commission employee or agent investigating any informal (nondocketed) complaint that involves TNC records that are protected pursuant to statute or Arkansas Public Service Commission order shall execute an affidavit of nondisclosure pursuant to 23 CAR § 462-404(g) in the form prescribed by the Arkansas Public Service Commission.
9. (i) Affidavits of nondisclosure executed regarding an inspection or informal (nondocketed) complaint shall be filed in the docket that granted the TNC its permit to operate.
10. (j) A party may request a protective order of nondisclosure pursuant to the Rules of Practice and Procedure for confidential information not covered by this section.

Codification Notes: This section was promulgated as Rule 1.06 of the Transportation Network Company Services Rules prior to codification in the Code of Arkansas Rules.