Section 2506 - Petition for Inspection or Copying of Confidential Records; Chief Counsel Decision(a) Form of Petition. A petition for inspection or copying of any confidential record shall be written, and shall be served on the Chief Counsel. It shall state the facts and legal authority supporting a conclusion that the Commission should disclose the confidential record. If the request is for inspection or copying of records deemed confidential after a Commission decision issued pursuant to Section 2508, the petition shall identify new information that has become available or changed circumstances that have occurred that materially affected the previous determination.(b) Delegation of Commission Decision to the Chief Counsel.(1) The decision of the Commission on a petition for inspection or copying of confidential records is delegated to the Chief Counsel.(2) If the petition is for inspection or copying of a record received from a private third party, a person under contract to the Commission, or another government agency, the Chief Counsel shall: (A) within one day of service of the petition, provide both a copy of the petition to the person or entity that submitted the information and a written request for written approval of release of the record. Any party not wishing to give permission for the record's release may supplement the initial application for confidential designation, if any, or provide any additional information within five working days of the receipt of the request for permission. Failure to respond to the Chief Counsel's request to release the record shall not be deemed consent for release.(B) within five working days of receipt of a petition, provide the petitioner with a written summary of the basis of the original confidential determination and a copy of the Commission's regulations governing the disclosure of Commission records.(3) The Chief Counsel shall issue a decision on the petition within ten days of its service on the Chief Counsel, unless unusual circumstances renders such a decision impossible, in which case the Chief Counsel will notify the petitioner of the need for an extension within ten days of the filing of the petition. Such extension shall not exceed fourteen days.(4) The Chief Counsel shall base their decision on whether the entity seeking to maintain the confidentiality of the record has met its burden of proof in demonstrating that confidentiality is warranted under the California Public Records Act, and that, considering all the facts and circumstances, the record should be kept confidential.(5) If the request is for inspection or copying of records deemed confidential after a Commission decision issued pursuant to Section 2508, the Chief Counsel shall deny the petition unless the petition identifies new information that has become available or changed circumstances that have occurred that materially affect the previous determination.(6) Any party may request that the full Commission reconsider the Chief's Counsel's decision, in which case, the Commission shall conduct a proceeding pursuant to the provisions of Section 2508. Any such request shall be filed within fourteen days of the issuance of the Chief Counsel's decision.(7) A decision that a record should be disclosed shall ordinarily be effective fourteen days after issuance, although an earlier effective date may be specified in unusual circumstances, consistent with maintaining the opportunity of the person originally submitting the information to prevent its release by requesting reconsideration or appealing the decision to a court of competent jurisdiction. A decision that the record is exempt from disclosure shall be effective immediately.(c) List of Records Determined to be Confidential. The Executive Director shall maintain a list of records the Commission orders held confidential pursuant to this section.Cal. Code Regs. Tit. 20, § 2506
1. Repealer and new section filed 7-6-98; operative 8-5-98 (Register 98, No. 28).
2. Amendment of section heading, section and NOTE filed 7-3-2007; operative 7-3-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 27).
3. Change without regulatory effect amending subsection (b)(4) filed 8-24-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 34). Note: Authority cited: Sections 25213 and 25218(e), Public Resources Code; and Section 6253(a), Government Code. Reference: Sections 25223, 25322 and 25366, Public Resources Code; Sections 6250 et seq., Government Code; and Bakersfield City School District v. Superior Court (2004) 118 Cal.App.4th 1041.
1. Repealer and new section filed 7-6-98; operative 8-5-98 (Register 98, No. 28).
2. Amendment of section heading, section and Note filed 7-3-2007; operative 7-3-2007 pursuant to Government Code section 11343.4(Register 2007, No. 27).
3. Change without regulatory effect amending subsection (b)(4) filed 8-24-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 34).