Procedure for Acting on Requests for Protecting the Confidentiality of Trade Secrets

The Department shall act on a confidentiality request subject to the following provisions: (1) If the Department has received a request to inspect or copy a record which is the subject of a confidentiality request on which the Department has not made a final decision, the Department shall notify (a) the person who made the request to inspect or copy the record that 1. the record inquestionis the subject of a pending confidentiality request, and therefore not a public record, 2. the request to inspect or copy is initially denied, and 3. a final decision will be made when the Department determines whether the record in question is entitled to confidentiality as a trade secret. (b) the person who requested that the record be kept confidential of the request to inspect or copy the record. (2) The Department shall determine whether the record would be voluntarily submitted within the meaning of 310 CMR 3.22(2) and whether the record, if made public, would divulge a trade secret. The Departmentshall give notice of its determination(s) to the person who requested confidentialityand all persons who requested to inspect or copy the record. (3) If the Department determines that a record would, if made public, divulge a trade secret, the record in question shall be deemed confidential and shall not be deemed a public record for such length of time, and subject to such terms, conditions and limitations, as the Department may include in the determination. The Department shall so notify the person who submitted the record to the Department and all persons making a request to inspect or copy the record in question. (4) Allnotices givenpursuant to 310 CMR 3.25 shall be in writing, shall be delivered either by hand or by certified mail, return receipt requested, and shall include: (a) the reasons for the determination, (b) notice that the determination constitutes a final decision of the Department, (c) notice that the determination may be subject to review by one or more other State agencies or by the courts, (d) if the determination is that the record in question, if made public, would not divulge a trade secret, notice that, pursuant to 310 CMR 3.15, 1. the record in question shall become a public record ten days after the date of the Department's determination unless, withinthattime, another State agency with jurisdiction over the subject matter thereof, or a court, orders otherwise, and 2. this ten-day period may be extended only in extraordinary situations, and that such extensions must be inwritingand signed bythe Commissioner pursuant to 310 CMR 3.13(1) or by the Director pursuant to 310 CMR 3.13(2). (5) With respect to trade secret claims made pursuant to M.G.L. c. 21I and 310 CMR 3.30, the procedures set forth in 310 CMR 3.30 shall apply.