Section Pdab 202.07 - Confidential Documents and Confidential Information in Adjudicative Proceedings(a) Except as otherwise provided by statute or rule, all pleadings, attachments to pleadings, and exhibits submitted at meetings shall be available for public inspection in accordance with RSA 91-A.(b) A confidential document shall not be accepted in a pleading if it is neither required for filing nor material to the matter to be heard by the board.(c) If a confidential document is required or is material to the matter to be heard by the board, it shall be filed in the manner prescribed by paragraph (d) below.(d) When a person files a document, the person shall omit or redact confidential information from the filing when the information is not required to be included for filing and is not material to the proceeding and: (1) If none of the confidential information is required or material to the proceeding, only the version of the document from which the omissions or redactions have been made shall be filed; and(2) At the time the document is submitted to the hearing clerk, the party shall clearly indicate on the document that the document has been redacted or information has been omitted pursuant to Pdab 202.04.(e) It shall be the responsibility of the filing party to ensure that confidential information is omitted or redacted from a document before the document is filed.(f) If confidential information is required for filing or is material to the proceeding and must be included in the document, the filer shall file:(1) A motion to seal as provided in paragraph (g);(2) For inclusion in the public file, the document with the confidential information redacted by blocking out the text or using some other method to clearly delineate the redactions; and(3) An unredacted version of the document clearly marked as confidential.(g) A motion to seal a confidential document or a document containing confidential information shall state the authority for the confidentiality or circumstance that requires confidentiality.(h) An agreement of the parties that a document is confidential or contains confidential information shall not be sufficient basis alone to seal the record but shall be ruled so, pursuant to paragraph (i) below.(i) The board shall:(1) Review the motion to seal and any objection to the motion to seal that might have been filed and determine, pursuant to RSA 91-A, whether the unredacted version of the document shall be confidential; and(2) Issue an order setting forth the board's ruling on the motion to seal, which order shall include the duration that the confidential document or document containing confidential information shall remain under seal, and the reasons for the ruling.(j) Parties disagreeing with the board's decision as to the confidential nature of documents may seek relief in any court of competent jurisdiction.(k) The board shall not make public any documents or any other materials subject to any legal proceeding regarding confidentiality.(l) Decisions of the board shall be made publicly available on its website for guidance and instructions to registrants and other necessary entities.N.H. Admin. Code § Pdab 202.07
Derived from Number 2, Filed January 12, 2023, Proposed by #13500-A, Effective 12/2/2022.