1. (a) A person required by the department or a board to submit a record that in the person's opinion constitutes a record that is:

   1. (1) confidential under IC 5-14-3-4 (a); or

   2. (2) permissively excepted under IC 5-14-3-4 (b);

      may so certify and request that the record be made available only for the use of the department or the boards.

2. (b) The department shall consider a request made under subsection (a). If the department finds that the record is excepted from disclosure under IC 5-14-3-4 (a), the request shall be granted. If the department finds that the record is permissively excepted from disclosure under IC 5-14-3-4 (b), the request may be granted.

3. (c) It is the duty of:

   1. (1) the person providing the record to ask that any or all of the record be declared excepted from disclosure under IC 5-14-3-4 ; and

   2. (2) the commissioner to decide whether the record will be made public, subject to review as provided in IC 4-21.5-5 .

      [Pre-1996 Recodification Citation: 13-7-16-3(b).]

As added by P.L.1-1996, SEC.4.