1. (1)

   1. (a) Any person who provides to an institution a record that the person believes should be protected under a provision listed in Subsection 63G-2-309(1)(b)(i), restricted under Section 53H-14-202, or both protected under a provision listed in Subsection 63G-2-309(1)(b)(i) and restricted under Section 53H-14-202, shall provide the institution:

      1. (i) a written claim of business confidentiality; and
      2. (ii) a concise statement of reasons supporting the claim of business confidentiality.

   2. (b) The person described in Subsection (1)(a) shall make the filing at the commencement of:

      1. (i) the sponsored research project; or
      2. (ii) the technology transfer process.

   3. (c) A claim of business confidentiality submitted under this Subsection (1) shall cover all protected and restricted records exchanged during the:

      1. (i) sponsored research project; or
      2. (ii) technology transfer process.
2. (2) The inadvertent failure to make a legally adequate claim of business confidentiality at the time required by Subsection (1) does not prejudice the claimant's right to make a legally adequate claim at a different time before disclosure of the record.

Renumbered and Amended by Chapter 8, 2025 Special Session 1