Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3

Affected: IC 4-21.5-3-1; IC 13-14-11

Sec. 2. (a) The commissioner may request additional supporting information regarding a claim of confidentiality. Any additional supporting information claimed as confidential shall be treated as confidential until the commissioner makes a determination as required by section 1 of this rule.

(b) If the commissioner intends to make a determination to deny a claim of confidentiality, the commissioner shall notify the person in writing by certified mail, with return receipt requested, stating the following:

1. (1) Additional supporting information must be submitted in accordance with 327 IAC 12.1-4-1(c).
2. (2) The person has fifteen (15) days from the date of receipt of the notice to respond.
3. (3) A submission shall be completed in the time frames and by the methods specified by IC 4-21.5-3-1(h). The person shall notify the department by telephone or facsimile within the fifteen (15) day period under subdivision (2) that additional supporting information has been mailed or deposited with a private carrier.
4. (4) Failure to submit any additional supporting information within fifteen (15) days under subdivision (2) or within the time allowed under subsection (d) to provide additional information in support of the claim, will result in a determination based on the information and any supporting information already received.
5. (5) Any additional supporting information claimed as confidential shall be treated as confidential until the commissioner makes a determination as required by section 1 of this rule.

(c) The commissioner shall make a determination after receipt of the additional supporting information submitted under subsection (b). The commissioner shall notify the person under subsection (b) of the intent to deny a claim of confidentiality only once before making a determination under section 3 or 4 of this rule. If the person fails to submit additional supporting information in accordance with subsection (b), the commissioner will make a determination based on the information and any supporting information already received.

(d) The commissioner may approve an extension of time for submitting additional supporting information if the person makes a request in writing within the fifteen (15) days allowed in subsections [subsection] (b)(2) and (b)(3). The extension will not exceed fifteen (15) days.

(Water Pollution Control Division; 327 IAC 12.1-6-2; filed Mar 9, 2000, 7:47 a.m.: 23 IR 1634; readopted filed Aug 17, 2006, 10:31 a.m.: 20060830-IR-327060183BFA; readopted filed Jul 18, 2012, 2:25 p.m.: 20120815-IR- 327120261BFA; readopted filed Jun 6, 2018, 1:59 p.m.: 20180704-IR-327180171BFA; errata filed Dec 7, 2018, 3:21 p.m.: 20181226-IR-327180523ACA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)