b) Scope. This part applies to requests, whether by subpoena, order, or other judicial or administrative process, for discovery or disclosure of confidential supervisory information prepared or obtained by the Secretary under the Act. This Subpart does not apply to:

1. 1) a request made pursuant to the Freedom of Information Act [5 ILCS 140] (FOIA), provided that, if the information requested constitutes confidential supervisory information, it shall nonetheless be exempt from disclosure; or
2. 2) a request made by a party to whom the Secretary may furnish confidential supervisory information pursuant to the Act.