7 Del. Admin. Code § 1201-14.0

Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 1201-14.0 - Miscellaneous
14.1 Confidential Information. All documents (such as, but not limited to: inspection reports, responses to inspection reports, notices of violation, Administrative Orders and Penalties, correspondences, RMPs and Delaware risk management plans) submitted to the Department or developed by the Department pursuant to this regulation shall be handled consistent with the Freedom of Information Act (29 Del.C., Chapter 100) with the exception of the following which shall be maintained as confidential by the Department as required by 7 Del.C., Section 7710 (b):
14.1.1 Sections of Inspection Notes containing or relating to trade secrets, and/or commercial or financial information observed, viewed or obtained orally during an inspection that may result in substantial harm to a business' competitive edge.
14.1.2 Sections of Inspection Notes containing the identity of persons interviewed during an inspection.
14.2 Severability. If any part of this regulation, or the application of any part thereof, is held invalid or unconstitutional, the application of such part to other persons or circumstances and the remainder of this regulation shall not be affected and shall be deemed valid and effective.
14.3 Transfer of Registration. Registration under this regulation may be transferred to a new owner provided that an intention to transfer accompanied by a copy of the registration, signed by both the transferor and the transferee, is provided to the Department at least 10 days prior to the transfer. A complete RMP or the Delaware risk management plan must be submitted in accordance with either Section 5.190.2.3 or Section 6.6.10.2.3 whichever is applicable.
14.4 Scope of Regulations. This regulation shall apply to all covered processes located in whole or in part within the State of Delaware containing one or more regulated substances.

7 Del. Admin. Code § 1201-14.0