Section 2508 - Commission Hearing on Confidentiality of Records(a) The Commission shall hold a hearing to determine the confidentiality of Commission records in response to a timely request pursuant to subdivisions (a)(3)(B) and (c)(1) of Section 2505, subdivision (b)(5) of Section 2506, or subdivisions (e) (2) or (f)(2) of Section 2507. The Commission may also hold a hearing to determine the confidentiality of Commission records on its own motion or on a motion by Commission staff. Any person, including but not limited to the Commission staff, may participate in such hearing.(b) A Commission decision on the confidentiality of records pursuant to this section shall be based 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.(c) If the Commission has already held a hearing pursuant to this section to determine the confidentiality of a Commission record, it need not hold an additional hearing on the confidentiality of that record unless the entity seeking the additional hearing has demonstrated that there is new information or changed circumstances that materially affects the Commission's previous determination.(d) If the Commission determines, pursuant to this section, that a record is not entitled to confidentiality, the record that is the subject of the hearing shall not be available for inspection or copying for a period of fourteen days after such determination, unless disclosure is ordered by a court of competent jurisdiction.Cal. Code Regs. Tit. 20, § 2508
1. New section filed 7-3-2007; operative 7-3-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 27). For prior history, see Register 98, No. 28. 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; and Bakersfield City School District v. Superior Court (2004) 118 Cal.App.4th 1041.
1. New section filed 7-3-2007; operative 7-3-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 27). For prior history, see Register 98, No. 28.