State Agency Actions Following a Positive Determination

Section 130 Section 130.212  State Agency Actions Following a Positive Determination a)         If the State agency determines that an article, or any page or portion thereof, meets the standards specified in subsection 130.208(a)(1) and (2), the State agency must grant the claim for trade secret protection for the article or page or portion thereof, and must give written notice of the determination to the owner of the article and any requester under subsection (b). b)         Written notice of the granting of a claim for trade secret protection must be given by certified mail, return receipt requested, and must contain the following information: 1)         A statement of the State agency's reasoning for granting the claim; 2)         A notification that the State agency determination may be reviewed under Section 130.214; and 3)         A notification that the article, or the page or portion thereof, will be protected under Subpart C until the State agency receives official notification of a final order by a reviewing body that reverses the State agency determination and that is not subject to further appeal. c)         The State agency must continue to protect an article, or the page or portion thereof, for which trade secret protection has been granted under Subpart C until the State agency receives official notification of a final order by a reviewing body with proper jurisdiction that reverses the State agency determination and that is not subject to further appeal.