Ohio Admin. Code 3750-60-43 - Additional material submitted for good cause
(A) In lieu of an appeal to the environmental
board of review, the claimant may send additional material in support of its
trade secrecy claim, for good cause shown, within thirty days of receipt of the
notice of insufficiency as set forth in paragraph (A)(2) of rule
3750-60-40
of the Administrative Code. The claimant shall notify the commission by letter
of its contentions as to good cause, and shall include in that letter the
additional supporting material.
(B) Good cause is limited to one or more of
the following reasons:
(1) The claimant was
not aware of the facts underlying the additional information at the time the
substantiation was submitted, and could not reasonably have known the facts at
the time; or
(2) The commission's
regulations and other commission guidance did not call for such information at
the time the substantiation was submitted; or
(3) The claimant had made a good faith effort
to submit a complete substantiation, but failed to do so due to an inadvertent
omission or clerical error.
(C) If the commission determines that the
claimant has meet the standard for good cause, then the commission shall
decide, pursuant to paragraph (A)(1) of rule
3750-60-40
of the Administrative Code, whether the claimant's assertion meets the
commission's standards of sufficiency set forth in rule
3750-60-50
of the Administrative Code.
(D) If
after receipt of additional material for good cause, the commission decides the
claim is sufficient, the commission will determine whether the claim presents a
valid claim of trade secrecy according to the procedures set forth in paragraph
(B)(1) of rule
3750-60-40
of the Administrative Code.
(E) If
after receipt of additional material for good cause, the commission decides the
claim is insufficient, the commission will notify the claimant by certified
mail (return receipt requested) and the claimant's right to seek review at the
environmental review appeals commission within thirty days of receipt of this
notice. The notice required by this section shall include the commission's
reasons for its determination, and shall inform the claimant of its rights to
seek review at the environmental review appeals commission within thirty days
of receipt of the notice in accordance with procedures set forth in section
3745.04 of the Revised Code. The
petitioner shall be notified of the commission's decision by regular mail.
(F) If the commission determines
that the claimant has not met the standard for good cause, then the commission
shall notify the claimant by certified mail (return receipt requested). The
claimant may seek review of the commission's decision at the environmental
review appeals commission within thirty days of receipt of the notice. The
notice required in this section shall include the commission's reasons for its
determination, and shall inform the claimant of its right to seek review at the
environmental review appeals commission within thirty days of the notice in
accordance with procedures set forth in section
3745.04 of the Revised Code. The
petitioner shall be notified of the commission's decision by regular mail.
Notes
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(1)(i), 3750.02(B)(2)(d), 3750(B)(5), and 3750.02(B)(14)
Rule Amplifies: 3750.09
Prior Effective Dates: 6/30/93
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