Ohio Admin. Code 3750-60-30 - Initial action by the commission
(A) When a claim of trade secrecy, made in
accordance with rules
3750-60-07
and
3750-60-09
of the Administrative Code, is received by the commission, that information is
treated as confidential until a contrary determination is made.
(B) A determination as to the validity of a
trade secret claim shall be initiated upon receipt by the commission of a
petition filed under rule
3750-60-60
of the Administrative Code or may be initiated by the commission at any time if
the commission desires to determine whether chemical identity information
claimed as trade secret is entitled to trade secret treatment, even though no
request for release of the information has been received.
(C) If the commission initiates a
determination to the validity of a trade secrecy claim the procedures set forth
in rules
3750-60-40,
3750-60-60,
and
3750-60-85
of the Administrative Code shall be followed in making the determination.
(D) When the commission receives a
petition requesting disclosure of trade secret chemical identity or if the
commission decides to initiate a determination of the validity of a trade
secret claim for chemical identity, the commission shall first make a
determination that the chemical identity claimed as a trade secret is not the
subject of a prior trade secret determination by the commission concerning the
same claimant and facility, or if it is, that the prior determination upheld
the claimant's claim of trade secrecy for that chemical identity at that
facility.
(1) If the commission determines
that the chemical identity claimed as a trade secret is not the subject of a
prior trade secret determination by the commission concerning the same claimant
and the same facility, or if it is, that the prior determination upheld the
claimant's claim of trade secrecy, then the commission shall review the
claimant's claim according to rule
3750-60-40
of the Administrative Code.
(2) If
such prior determination held that the claimant's claim for that chemical
identity is invalid, and such determination was not challenged by appeal to the
environmental board of review, or by review in the appeals court, or, if
challenged, was upheld, the commission shall notify the claimant by certified
mail (return receipt requested) that the chemical identity claimed as a trade
secret is the subject of a prior, final commission determination concerning the
same facility in which it was held that such claim was invalid. In this
notification, the commission shall include notice of intent to disclose the
chemical identity within ten days pursuant to rules
3750-60-90
of the Administrative Code. The commission shall also notify the petitioner by
regular mail of the action taken pursuant to this section.
Notes
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3750.02(B)(1)(i), 3750.02(B)(2)(d), 3750.02(B)(5), 3750.02(B)(14)
Rule amplifies: RC 3750.09
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