R590-226-11. Classification of Documents

  (1) In accordance with Section 63G-2-305, the only information the commissioner may classify as protected is:

  (a) information deemed to be a trade secret. Trade secret means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

  (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and

  (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy; or

  (b) commercial information and non-individual financial information obtained from a person if:

  (i) disclosure of the information could reasonably be expected to result in unfair competitive injury to the person submitting the information or would impair the ability of the commissioner to obtain necessary information in the future; and

  (ii) the person submitting the information has a greater interest in prohibiting access than the public has in obtaining access.

  (2) The person submitting the information under Subsection (1)(a) or (b) and claiming that such is or should be protected shall provide the commissioner with the information in Subsection 63G-2-309(1)(a)(i).

  (a) The filer shall request protected classification for the specific document the filer believes qualifies under Subsections 63G-2-305(1) or (2) when the filing is submitted; and

  (b) the request shall include a written statement of reasons supporting the request that the information should be classified as protected.

  (3) Once the filing has been received, the commissioner will review the documents the filer has requested to be classified as protected to determine if the request meets the requirements of Subsections 63G-2-305(1) or (2).

  (a) If all the information in the document meets the requirements for being classified as protected and the required statement is included, the document will be classified as protected and the information will not be available to the public.

  (b) If all the information in the document does not meet the requirements for being classified as protected, the commissioner will notify the filer of the denial, the reasons for the denial, and the filer's right to appeal the denial. The filer has 30 days to appeal the denial as allowed by Section 63G-2-401.

  (c)(i) Despite the denial of protected classification, the commissioner shall treat the information as if it had been classified as protected until:

  (A) the 30 day time limit for an appeal to the commissioner has expired; or

  (B) the filer has exhausted all appeals available under Title 63G, Chapter 2, Part 4 and the document has been found to be a public document.

  (ii) During the 30 day time limit to appeal or during the appeal process, the filer may withdraw:

  (A) the filing; or

  (B) the request for protected classification.

  (d) If the filer combines, in a document, information it wishes to be classified as protected with information that is public, the document will be classified as public.