b) The Division retains the right to make its own determination with regard to any claim of confidentiality. The determination of confidentiality will be based upon one or more of the following:

1. 1) The information submitted to the Division under paragraph (a);
2. 2) The applicable provisions of any State or Federal statute which requires the information to be kept confidential;
3. 3) Whether such information constitutes trade secrets or commercial or financial information;
4. 4) Whether the information should be kept confidential in view of ongoing compliance actions;

5. 5) Whether release of the information could commercially or personally harm any person. Notice of a decision by the Division to deny the claim, in whole or in part, and an opportunity to respond shall be given to any person claiming confidentiality of information, no less than five days prior to its public disclosure.

   (Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)