R746-1-604. Challenge to Claim of Confidentiality  


Latest version.
  •   (1) A party may challenge another party's claim of confidentiality by filing a motion for an in camera proceeding.

      (2) If granted, the record of an in camera proceeding shall be marked, as applicable, substantially as follows:

      (a) "CONFIDENTIAL--SUBJECT TO RULE R746-1-604"; or

      (b) "CONFIDENTIAL--SUBJECT TO PROTECTIVE ORDER".

      (3)(a) An in camera hearing may be transcribed only upon:

      (i) agreement of the parties; or

      (ii) order of the Commission.

      (b) Any transcription of an in camera hearing shall be separately bound, segregated, and withheld from any person not a party to the in camera hearing.

      (4) Following an in camera hearing, if the Commission issues an order overturning a party's claim of confidentiality, the order:

      (a) shall be subject to Utah Code Section 63G-4-301; and

      (b) shall go into effect no sooner than 10 days after issuance.