Ohio Admin. Code 3750-60-52 - Standards for sufficiency of substantiation of a trade secret claim
(A) The claimant
withholding specific chemical identity from required submissions under sections
3750.04,
3750.05,
3750.07, and
3750.08 of the Revised Code must
make factual assertions that are sufficient to support a conclusion that the
chemical identity is a trade secret. These assertions are made by completely
answering all the questions of rule
3750-60-20
of the Administrative Code.
(B)
The commission has adopted under rule
3750-60-50
of the Administrative Code sufficiency criteria which are standards used to
determine whether the claimant has established a prima facie case for trade
secrecy.
(C) The facts asserted
under rule
3750-60-20
of the Administrative Code will be considered against the sufficiency criteria
to make a trade secret determination of rule
3750-60-50
of the Administrative Code.
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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