312 IAC 25-4-15 Public availability of information

Sec. 15. (a) Except as provided in subsection (b), all information submitted to the director under sections 9 through 14 of this rule and this section will be made available for public inspection and copying (at reasonable charge) at the reclamation field office of the division of reclamation. (b) The director will not make information available for public inspection if the person submitting the information requests, in writing, at the time of submission, that the information not be disclosed because the information contains trade secrets or proprietary commercial information. If the director determines that the information is not confidential, the person may request a hearing in the hearing officer's chambers within the time limitations set forth in IC 4-21.5. The record of this hearing will be sealed. Until such time as the hearing officer renders a written decision, the time for instituting judicial review has expired and unless otherwise ordered by a court of competent jurisdiction, such information shall only be disclosed to the hearing officer, appropriate employees in the department, and the person requesting the hearing. Other interested persons becoming parties to the proceeding shall not have access to such information until the period of judicial review has expired unless otherwise ordered by a court of competent jurisdiction.