Current through Register Vol. 35, No. 23, December 10, 2024
Section 19.11.1.8 - CONFIDENTIAL INFORMATION PROTECTIONA. Applicants or permittees who submit information to the division may claim such information as confidential. Applicants or permittees must assert any claim of confidentiality at the time of submittal.B. To claim confidentiality of information in a submittal, the applicant or permittee must clearly mark each page in the document on which the applicant or permittee claims there is confidential information, and submit to the division a written description of the basis for the claim of confidentiality and why the information meets the requirements for a claim of confidentiality at the time it submits the document to the division. The division shall review the claim of confidentiality based on the written submittal and determine whether the information may be maintained as confidential pursuant to the Inspection of Public Records Act, Section 14-2-1 et seq. NMSA 1978 (1993, as amended). The division shall determine whether the information may be maintained as confidential prior to reviewing an application or request for approval. If the division determines that information in a submittal is confidential, the division may require submission of redacted copies of the submittal for the public record.C. If no claim of confidentiality is made at the time of submission, any such claims are deemed waived and the division may make the information available to the public without further notice.D. The division will deny claims of confidentiality for the name and address of any applicant or permittee or any information that deals with the existence, absence or level of contaminants in drinking water or the document is otherwise publicly available.E. Information the division determines is confidential may be disclosed to officers, employees or authorized representatives of the division, or may be used in any proceedings conducted pursuant to the Act when such information is essential to such proceeding. The division may close that part of a proceeding where confidential information covered by Section 71-2-8 NMSA 1978 is discussed by the division.N.M. Admin. Code § 19.11.1.8
Adopted by New Mexico Register, Volume XXIX, Issue 04, February 27, 2018, eff. 2/27/2018