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

Affected: IC 4-21.5; 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 327 IAC 12.1-4-1(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 327 IAC 12.1-4-1(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 327 IAC 12.1-4-1(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.

(Water Pollution Control Division; 327 IAC 12.1-6-3; filed Mar 9, 2000, 7:47 a.m.: 23 IR 1635; 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; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR- 327230810RFA)