Authority: IC 13-14-8; IC 13-14-9; IC 13-19-3

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 329 IAC 6.1-4-1(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 329 IAC 6.1-4-1(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 329 IAC 6.1-4-1(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.

(Solid Waste Management Division; 329 IAC 6.1-5-3; filed Nov 4, 1999, 10:19 a.m.: 23 IR 560; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; readopted filed Jun 6, 2016, 11:52 a.m.: 20160706-IR-329160144BFA; readopted filed Jun 8, 2022, 11:40 a.m.: 20220706-IR-329220122BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)