N.J. Admin. Code § 7:26G-16.10

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:26G-16.10 - Class determinations

(a) The Department may, through the promulgation of amendments in accordance with the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., make a determination that a certain class of information is or is not entitled to confidential treatment if it finds that:

1. The Department possesses, or is obtaining, related items of information; and

2. One or more characteristics common to all such items of information will necessarily result in identical treatment for each such item, and that it is therefore proper to treat all such items as a class.

(b) A class determination shall clearly identify the class of information to which it pertains.

(c) A class determination shall state that all of the information in the class:

1. Fails to satisfy one or more of the applicable criteria in N.J.A.C. 7:26G-16.6 and is therefore ineligible for confidential treatment; or

2. Satisfies the applicable criteria in N.J.A.C. 7:26G-16.6 and is therefore eligible for confidential treatment.

N.J. Admin. Code § 7:26G-16.10