N.J. Admin. Code § 7:14A-18.13 - Use of confidential information in rulemaking, permitting, and enforcement proceedings
(a) Notwithstanding
any other provisions of this subchapter, the Department may, subject to the
protection from making the information available to the public as provided in
N.J.A.C. 1:1, use information determined to be eligible for confidential
treatment pursuant to
7:14A-18.5 and 18.6 in rulemaking,
permitting and enforcement proceedings.
1.
Where the Department uses confidential information in any enforcement
proceeding, the Department shall indicate that such information has been
used.
2. Where the Department uses
confidential information in administrative proceedings, the procedures in (b)
and (c) below shall apply.
(b) Where the Department determines that
there shall be an adjudicatory hearing, information determined to be eligible
for confidential treatment pursuant to
7:14A-18.5 and 18.6 may be used in
any enforcement and permitting proceeding as provided in N.J.A.C.
1:1.
(c) Where the Department
determines that there shall not be an adjudicatory hearing, information
determined to be eligible for confidential treatment pursuant to
7:14A-18.5 and 18.6 may be used in
any enforcement, permitting, or rulemaking proceeding as provided below:
1. The affected person shall be informed that
the Department is considering using the information in connection with the
proceeding and shall afford the person a comment period 10 days after the date
of the affected person's receipt of written notice from the
Department;
2. The Department,
after consideration of any timely comments submitted by the affected person,
determines that the information is relevant to the subject of the
proceeding;
3. The Department
determines that the public interest shall be served by use of the information
in the proceeding; and
4. The
Department shall give the affected person at least five days notice prior to
using the information which may result in the information being made available
to the public.
Notes
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