(1)

1. (a)

   1. (i) Any person who provides to a governmental entity a record that the person believes should be protected under Subsection 63G-2-305(1) or (2) or both Subsections 63G-2-305(1) and (2) shall provide with the record:

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

   2. (ii) Any of the following who provides to an institution within the state system of higher education defined in Section 53B-1-102 a record that the person or governmental entity believes should be protected under Subsection 63G-2-305(40)(a)(ii) or (vi) or both Subsections 63G-2-305(40)(a)(ii) and (vi) shall provide the institution within the state system of higher education a written claim of business confidentiality in accordance with Section 53B-16-304:

      1. (A) a person;
      2. (B) a federal governmental entity;
      3. (C) a state governmental entity; or
      4. (D) a local governmental entity.

2. (b) A person or governmental entity who complies with this Subsection (1) shall be notified by the governmental entity to whom the request for a record is made if:

   1. (i) a record claimed to be protected under one of the following is classified public:

      1. (A) Subsection 63G-2-305(1);
      2. (B) Subsection 63G-2-305(2);
      3. (C) Subsection 63G-2-305(40)(a)(ii);
      4. (D) Subsection 63G-2-305(40)(a)(vi); or
      5. (E) a combination of the provisions described in Subsections (1)(b)(i)(A) through (D); or
   2. (ii) the governmental entity to whom the request for a record is made determines that the record claimed to be protected under a provision listed in Subsection (1)(b)(i) should be released after balancing interests under Subsection 63G-2-201(5)(b) or 63G-2-401(6).