Requests for confidential treatment of information by a submitting party. A request by a submitting party for confidential treatment of information shall be made by submitting the material to the commission along with the following information:

1. (1) An identification of the document and the general subject matter of the materials or the portions of the document for which confidentiality is being requested;
2. (2) The length of time for which confidentiality is being requested and a request for handling at the end of that time. This does not preclude a later request to extend the period of confidential treatment;
3. (3) The name, address, and phone number of a person to be contacted regarding the confidentiality request;
4. (4) The statutory or common law grounds and any administrative rules under which confidentiality is requested. Failure to include all possible grounds for confidential treatment does not preclude the party from raising additional grounds in the future; and

5. (5) The factual basis that qualifies the information for confidentiality under the authority cited.

   Information shall be sent to the commission's executive director, unless another person is designated. Each page must clearly be marked "confidential" in large, bold letters. Information submitted by mail or hand delivery must be in a separate, sealed envelope and clearly state in large, bold letters on the envelope that confidential treatment is requested. If filed electronically, the information must be filed as a separate document.

Source: 16 SDR 148, effective March 22, 1990; 33 SDR 107, effective December 26, 2006 ; 47 SDR 125, effective May 30, 2021 .

General Authority: SDCL 49-1-11 (6).

Law Implemented: SDCL 49-1-9 , 49-1-11 (6).

Prior versions effective: 2006-12-26.