(A) Determination of sufficiency.
When the commission receives a petition filed pursuant to rule
3750-60-60
of the Administrative Code or if the commission initiates a determination of
the validity of a trade secrecy claim for chemical identity, and the commission
has made a determination, as required in paragraph (D)(1) of rule
3750-60-30
of the Administrative Code, then the commission shall determine whether the
claimant has presented sufficient support for its claim of trade secrecy in its
substantiation. The commission must make such a determination within thirty
days of receipt of the petition. A claim of trade secrecy for chemical identity
will be considered sufficient if, assuming all the information presented in the
substantiation is true, this supporting information could support a valid claim
of trade secrecy. A claim is sufficient if it meets the criteria set forth in
rule
3750-60-50
of the Administrative Code.
(1)
Sufficient claim.
(a) If the claim meets the
criteria of sufficiency set forth in rule
3750-60-50
of the Administrative Code, the commission shall notify the claimant in
writing, by certified mail(return receipt requested), that it has thirty days
from the date of receipt of the notice to submit supplement information in
writing in accordance with rule
3750-60-27
of the Administrative Code, to support the truth of the facts asserted in the
substantiation. The commission will not accept any supplemental information, in
response to this notice, submitted after the thirty day period has expired.
(b) The notice required by this
rule shall include the address as set forth in rule
3750-60-95
of the Adminitrative Code to which supplemental information must be sent. The
notice may specifically request supplemental information in particular areas
relating to the claimant's claim. The notice must also inform the claimant of
his right to claim any trade secret or confidential business information as
confidential, and shall include a reference to rule
3750-60-27
of the Administrative Code as the source for the proper procedure for claiming
trade secrecy for trade secret or confidential business information submitted
in the supplemental information requested by the commission.
(2) Insufficient claim.
(a) If the claim does not meet the criteria
of sufficiency set forth in rule
3750-60-50
of the Administrative Code, the commission shall notify the claimant in writing
of this fact by certified mail(return receipt requested). Upon receipt of this
notice, the claimant may either file an appeal of the matter to the
environmental board of review under rule
3750-60-83
of the Administrative Code, or, for good cause shown, submit additional
material in support of its claim of trade secrecy to the commission under rule
3750-60-43
of the Administrative Code.
(b)
The notice required by this section shall include the reasons for the
commission's decision that the claimant's claim is insufficient, and shall
inform the claimant of its rights within thirty days of receiving notice to
file an appeal with the environmental board of review or to amend its original
substantiation for good cause shown. This notice shall include the address of
the environmental board of review, and the address as set forth in rule
3750-60-95
of the Administrative Code to which the amendment for good cause shown should
be sent. This notice shall also include a reference to rule
3750-60-83
of the Administrative Code as the source on the proper procedure for filing an
appeal or rule
3750-60-43
of the Administrative Code for amending the original substantiation.
(c) The claimant may file an appeal of a
determination of insufficiency with the environmental board of review within
thirty days of receipt of the notice of insufficiency in accordance with the
procedures set forth in section
3745.04 of the Revised Code.
(B)
Determination of trade secrecy. Once a claim has been determined to be
sufficient under paragraph (A)(1) of this rule, the commission must decide
whether the claim is entitled to trade secrecy protection.
(1) Valid trade secret claim.
(a) If the commission determines that the
information submitted in support of the trade secrecy claim is true and that
the chemical identity is a trade secret, the petitioner shall be notified by
certified mail (return receipt requested) of the commission's determination and
may bring an action within thirty days of receipt of this notice pursuant to
rule
3750-60-85
of the Administrative Code.
(b)
The notice required under this section shall include the reasons for the
commission's determination that the chemical identity is a trade secret and
shall inform the petitioner of its right to seek review. The claimant shall be
notified of the commission's decision by regular mail.
(c) The petitioner may file an appeal of the
determination of trade secret with the environmental board of review within
thirty days of receiving notice of its right in accordance with procedures set
forth in the section 3745.04 of the Revised Code.
(2) Invalid trade
secret claim.
(a) If the commission decides
that the information submitted in support of the trade secret claim is not true
and that the chemical identity is not a trade secret, the commission shall
notify the claimant by certified mail (return receipt requested) of the
commission's determination and claimant's right to appeal to the environmental
board of review in accordance with rule
3750-60-85
of the Administrative Code within thirty days of receipt of this notice.
(b) The notice required by this
rule shall include the reasons for commission's determination that the chemical
identity is not a trade secret and shall inform the claimant of its right to
seek review. The petitioner shall be notified of the commission's decision by
regular mail.
(c) The claimant may
file an appeal of a determination of invalidity with the environmental board of
review within thirty days of receipt of the notice of invalidity in accordance
with the procedures set forth in section
3745.04 of the Revised Code.
Notes
Ohio Admin. Code
3750-60-40
Eff 6-30-93
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