Authority: IC 13-14-8; IC 13-19-3-1

Affected: IC 5-14-3; IC 13-14-11

Sec. 3. (a) If the commissioner determines that the information shall be held confidential for the full period requested by the person who made the claim under 326 IAC 17.1-4-1(d), the commissioner shall do all of the following:

1. (1) Notify the person in writing of the determination.
2. (2) Maintain the information as confidential for the period requested under 326 IAC 17.1-4-1(d), unless ordered by a court of competent jurisdiction to permit access to the information for inspection and copying.

(b) If the commissioner determines that the information is confidential but the period of confidential treatment shall be shorter than that requested by the person under 326 IAC 17.1-4-1(d), the commissioner shall notify the person in writing by certified mail, with return receipt requested stating the following:

1. (1) The basis for the determination.
2. (2) The period of time of confidentiality, after which the information will be available to the public.
3. (3) The right to appeal the commissioner's determination.
4. (4) The procedure for appealing the commissioner's determination, including the time period provided by IC 4- 21.5.

(Air Pollution Control Division; 326 IAC 17.1-5-3; filed Jan 26, 2000, 2:03 p.m.: 23 IR 1370; readopted filed Apr 10, 2006, 11:05 a.m.: 29 IR 2684; readopted filed Apr 10, 2006, 11:05 a.m.: 29 IR 2684, eff Jan 1, 2007; readopted filed Jul 29, 2013, 9:34 a.m.: 20130828-IR-326130173BFA; readopted filed Jun 14, 2019, 2:02 p.m.: 20190710-IR-326190244BFA; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)