1. The commission
and its staff, and any outside counsel retained by the commission, may view
protected information filed with the commission at any time. However, the
commission and its staff are bound by the terms of these rules to keep the
information confidential and must execute the protective agreement as required
in subsection 3. The originator (applicant for protected status) may also view
the information at any time without the necessity of executing the protective
agreement required in subsection 3.
2. Others who wish to view protected
information, including experts who are not regular full-time employees of the
commission, and opposing counsel and experts, may do so only after
authorization from the commission. The commission may grant authorization when
the person wishing to view the information submits a written request that
includes all of the following:
a. The name and
address of the person who will view the information;
b. Identification, as specifically as
possible, of the information requested;
c. A showing of good cause why the
information is needed;
d.
Identification of the purpose of the review;
e. Identification of the intended use of the
information; and
f. An estimate of
the time needed for review.
The requesting person shall file the original written request
with the commission and serve it upon the originator at least ten days prior to
the time the person desires to view the information unless the originator
agrees to a shorter notice period.
3. Any person reviewing protected information
filed with the commission shall also execute a protective agreement form
provided by the commission. A new protective agreement form must be executed
for each work day in which information is viewed.
4. The commission shall disclose the
information unless:
a. The commission is
prohibited by law from disclosure under any circumstances or;
b. The originator shows good cause why
disclosure should not be granted.
When disclosed, protected information may not be removed from
commission offices and must be returned for secure filing prior to the end of
the workday on which the information was disclosed, and may be used only for
purposes of the proceeding or case.
Notes
N.D. Admin Code 69-02-09-07
Effective March 1, 1994.
.
Amended by
Administrative
Rules Supplement 2015-356, April 2015, effective
4/1/2015.
General Authority: NDCC
28-32-02
Law Implemented: NDCC
28-32-06,
47-25.1
