R590-220-17. Classification of Documents

(1) A record submitted under this rule is subject to Title 63G, Chapter 2, Government Records Access and Management Act. (2) Notwithstanding Subsection (1), a record provided under 45 CFR 154.200(a)(1), 45 CFR 154.215(b)(1), or 45 CFR 154.215(b)(2) is classified as public. (3) A record submitted under Section 31A-2-201.2, 31A-30-106, or 31A-30-106.1 is classified as protected. (4) Notwithstanding Subsections (1) through (3), a record may be classified as protected if: (a) requested under Section 63G-2-309; (b) the request in Subsection (4)(a) includes each required element of Subsections 63G-2-309(1)(a)(i)(A) and 63G-2-309(1)(a)(i)(B); and (c) the department notifies the requester that the record has been classified as protected. (5) A filing may not be reopened to reclassify a previously filed document. (6) A pattern of requesting that non-qualifying documents be protected, including putting both protected and public information in one document, may violate this rule.