N.Y. Comp. Codes R. & Regs. tit. 14 § 803.11

Current through Register Vol. 46, No. 43, October 23, 2024

Section 803.11 - Trade secrets

(a) Trade secrets received in conjunction with applications for office approval, funding or certification.

(1) Information or documents constituting trade secrets required to be submitted as part of applications to the office for approval, funding and/or certification shall be identified in writing by the applicant as a trade secret prior to or at the time of submission of the application to the office.

(2) After receipt of a request that information or documents be exempt from disclosure as trade secrets, the records access officer shall review the sufficiency of such request. If the records access officer determines that the information or documents do not constitute a trade secret, a written determination shall be issued denying the request and stating the reasons for the denial. Appeals from denials are governed by section 89, subparagraph (5)(c)(1) of the Public Officers Law.

(3) Information or documents identified by an applicant as a trade secret and so designated by the office shall be distributed outside the office only to the local government unit and health systems agency as required by sections 32.29 and 32.31 of the Mental Hygiene Law.

(4) Except as provided in subdivision (b) of this section, information and documents identified as trade secrets shall be given only to employees or others acting as agents of the office who need such information and/or documents in connection with the review of such application.

(5) The office and/or its agents shall not use said information or documents designated as trade secrets for any purpose other than the appropriate review of the application.

(6) Information and documents identified as trade secrets shall be returned to the applicant if the application is disapproved. If the application is approved, the information and documents containing trade secrets shall be sealed and stored separately from other application materials and reasonably secured from access by unauthorized persons.

(7) Any request for access to information or documents containing trade secrets shall be dealt with in accordance with the Freedom of Information Law (subdivisions [3], [4] and [5] of section 89 of the Public Officers Law). All such requests for access shall be directed to the office's records access officer.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 803.11