§ 66273.101. Department Review of Trade Secrecy Claims.

(a) Upon receipt of documents or information submitted pursuant to section 66273.100 that contains information identified as being subject to trade secret protection, or at any time thereafter, the Department may review the trade secret claim and supporting information for compliance with the requirements of this article.

(b) If the Department determines that information provided in support of a request for trade secret protection is incomplete or insufficiently responsive, the Department shall: notify the submitter of the Department's finding of insufficiency; identify the specific area(s) for which additional information is needed; provide an explanation as to why the Department has determined the information to be insufficient; and the date by which the submitter must provide the requested information. If the submitter fails to provide the information within the timeframe specified, the Department shall notify the submitter by certified mail that the claimant is out of compliance with this article and that the information claimed to be trade secret will be considered a public record subject to disclosure by the Department thirty (30) days after such notice is mailed. During this 30-day period, the submitter may seek judicial review by filing an action for a preliminary injunction and/or declaratory relief.

(c) If the Department determines that information provided in support of a request for trade secret protection does not meet the substantive criteria for trade secret designation, the Department shall notify the submitter by certified mail of its determination and that the information claimed to be trade secret will be considered a public record subject to disclosure by the Department thirty (30) days after such notice is mailed. During this 30-day period, the submitter may seek judicial review by filing an action for a preliminary injunction and/or declaratory relief.

(d) If a person asserting a claim of trade secrecy initiates an action under subsection (b) or (c), the Department may not publicly release or disclose the information that is the subject of the trade secrecy claim until resolution of any court challenge, including appeals, if any.

HISTORY

1. New section filed 10-15-2012 as an emergency; operative 10-15-2012 (Register 2012, No. 42). Pursuant to Health and Safety Code section 25214.10.2, this emergency regulation shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner.

Note

Note: Authority cited: Sections 25150, 25173, 25214.9, 25214.10.2 and 58012, Health and Safety Code. Reference: Sections 25150, 25173 and 25214.9, Health and Safety Code.