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

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

Sec. 5. (a) The commissioner's determination that information is confidential shall continue in effect for the period of time specified in the determination under section 3 of this rule unless the commissioner issues a revised determination stating that the determination under section 1 of this rule no longer accurately describes the information's confidentiality due to any of the following:

1. (1) Change in applicable law.
2. (2) Newly-discovered or changed facts.
3. (3) A clearly erroneous previous determination.

(b) If the commissioner concludes that such a determination under section 1 of this rule is of questionable validity, the commissioner shall do the following:

1. (1) Inform the person in writing by certified mail with return receipt requested.
2. (2) Afford the person an opportunity to furnish additional information on pertinent issues on the matter in accordance with sections [sic., section] 2(b)(1) through 2(b)(5) and section 2(d) of this rule.

(c) After consideration of any information timely submitted under subsection (b)(2), the commissioner may make either of the following determinations:

1. (1) The information is not confidential.
2. (2) The period of entitlement to treatment as confidential information shall end at an earlier date than that determined under section 1 of this rule.

(d) After the determination provided for by subsection (c) is made, the commissioner shall notify the person in writing by certified mail with return receipt requested stating one (1) of the following:

1. (1) That the claim of confidentiality has been approved as provided for in section 3 of this rule.
2. (2) That the claim of confidentiality has been denied as provided for in section 4 of this rule.

(Air Pollution Control Division; 326 IAC 17.1-5-5; filed Jan 26, 2000, 2:03 p.m.: 23 IR 1371; 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)