7 Del. Admin. Code § 2103-9.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 2103-9.0 - Proprietary Application Information

9.1 Applicants are hereby notified that the Department intends to make all applications submitted available to non-State personnel for the sole purpose of assisting in its evaluation of the applications. These individuals will be required to protect the confidentiality of any specifically identified proprietary information obtained as a result of their participation in the evaluation.

9.2 Proposals submitted may contain trade secrets and privileged or confidential commercial or financial information which the applicant does not want to be used or shown for any purpose other than evaluation of the application. The use and disclosure of such data may be restricted, provided the applicant follows the Department's "Request for Confidentiality" procedure contained in the Department's "Freedom of Information Act" or "FOIA" regulation. It is important to understand that this FOIA regulation's confidentiality procedure is a necessary part of this regulation in that any information submitted to the Department is subject to public review unless deemed to be confidential by the Secretary in accordance with the criteria and procedures established in the FOIA regulation.

9.3 The burden lies with the applicant asserting the claim of confidentiality to meet the criteria established in the FOIA regulation.

7 Del. Admin. Code § 2103-9.0

25 DE Reg. 721 (1/1/2022) (final)