B. Confidential information.

(1) The director shall not make information available for public inspection, if the person submitting it requests in writing, at the time of submission, that it not be disclosed and the director determines that the information is confidential.

(2) The director shall determine that information is confidential only if it concerns trade secrets or is privileged commercial or financial information which relates to the competitive rights of the person intending to conduct coal exploration.

(3) Information requested to be held as confidential under this section shall not be made publicly available until after notice and opportunity to be heard is afford both persons seeking and opposing disclosure of the information.

[11-29-97; 19.8.6.606 NMAC - Rn, 19 NMAC 8.2.6.606, 9-29-2000; A, 12-31-2007]

HISTORY OF 19.8.6 NMAC:

Pre-NMAC History:

The material in Part 6 was derived from that previously filed with the State Records Center and Archives under:

SB 73-1 Regulations of the State of New Mexico Coal Surfacemining Commission, filed 1-10-73 and its amendment filed 8-4-76

SB 78-1 (Rule 78-1) Regulations of the State of New Mexico Coal Surfacemining Commission, filed 8-31-78

SB 79-1 (Rule 79-1) New Mexico Coal Surfacemining Regulations, filed 7-11-79

CSMC Rule 80-1 (Rule 80-1) Surface Coal Mining Regulations, filed 9-24-80; and all amendments to CSMC Rule 80-1, filed 7-29-82, 11-10-83, 3-5-84, 7-19-84, filed 8-6-84, 8-23-84, 3-28-89, 6-15-90, 9-18-90, 2-15-91, 5-8-91, 8-26-91, 10-4-91, 7-28-92, 1-25-93, 11-1-94, 3-10-95, 4-12-95, 12-21-95.

Other History:

Renumbered and reformatted CSMC Rule 80-1, Surface Coal Mining Regulations, filed 9-24-80 to 19 NMAC 8.2, Coal Surface Mining, filed 11-13-97.

Renumbered and reformatted CSMC Rule 80-1 to 19 NMAC 8.2 filed 11-13-97. Renumbered 19 NMAC 8.2 Subpart 6 General Requirements for Coal Exploration, filed 11-13-97, to 19.8.6 NMAC General Requirements for Coal Exploration, effective 9-29-2000.