Determinations to be Made by the Commissioner or Director

Whenever there is a doubt, question or dispute about whether any particular record is subject to disclosure as a public record or exempt from disclosure, and whenever any person requests that any particular record be deemed a trade secret or otherwise be deemed confidential and exempt from disclosure, the Department shall be deemed to have resolved such doubt, question or dispute, and such request shall be granted or denied, only in accordance with a written determination signed by: (1) the Commissioner in the case of a record made by or submitted to the Department pursuant to any Massachusetts statute other than M.G.L. c. 21, §§ 26 through 53; or (2) the Director, in the case of a record made by or submitted to the Department pursuant to M.G.L. c. 21, §§ 26 through 53.