Reconsidering Confidentiality Determinations

If the Department determines that newly discovered information or changed circumstances make it appropriate for the Department to reconsider and possibly modify a prior grant of confidentiality, the Department shall so notify the person who submitted the record to the Department. The notice shall give the person a reasonable period of time to substantiate, pursuant to 310 CMR 3.24, keeping the record in question confidential. The amount of time 3.26: continued originally established in the notice maybe reasonablyextended bythe Department. After this time has passed, or after the Department has received a written response from the person requesting confidentiality, whichever occurs first, the Department shall make a new determination whether the record in question shall be deemed either confidential or a public record. 310 CMR 3.26 shall not apply to trade secret claims made pursuant to M.G.L. c. 21I and 310 CMR 3.30 through 3.39.