S.C. Code Ann. Regs. 71-1104 – Designation Of Trade Secrets.

A. At any time during the conduct of an inspection or at such other times as the Department of Labor may request information from an employer, the employer may identify areas of its establishment or material which contains or which might reveal a trade secret. If the Department of Labor representative requesting access to such areas of the establishment or material has no clear reason to question such identification, all such material and all information obtained within such areas shall be conspicuously labeled “confidential -trade secret” and shall be treated as prescribed in this section. In determining whether the area or material in question contains a valid trade secret, the following should be considered:
1. (1) the definition contained in R. 71-1101B; and
2. (2) the steps taken by employer to protect or limit access to the area or material.
B. In the event that the Department of Labor representative requesting access to an area or to specific material allegedly containing trade secrets does not agree with the employer’s trade secret claim, the employer may appeal this decision in writing to the Commissioner or his designee within the South Carolina Department of Labor. The employer shall have an opportunity to present his position to the Commissioner (or his designee) who will made a de novo determination as to whether or not the Department will treat the material as trade secret material. The trade secret status shall be freely granted to any material claimed to be such by an employer unless there is clear and convincing evidence for denying such status.
C. If trade secret status is denied by the Commissioner (or his designee), he shall articulate his reasons for refusing such designation in a confidential written opinion. This decision shall be considered final agency action for purposes of review under the Administrative Procedure Act.
D. A dispute as to the designation of material such as trade secret material shall not be grounds for an employer to refuse an otherwise valid request for access to material or areas of their establishment. During the pendency of a dispute concerning the trade secret status of material, such material shall be temporarily designated as trade secrets and shall be protected as herein provided.