Section 31-350. OBJECTIONS TO PUBLIC DISCLOSURE OF INFORMATION  


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    350.1Any person who objects to public disclosure of any information contained in any paper filed in any proceeding, shall segregate, or request the segregation of, such information into a separate paper and shall file it, or request that it be filed, with the Chairperson separately in a sealed envelope bearing the caption of the enclosed paper and the notation "CLASSIFIED OR CONFIDENTIAL UNDER § 350."

     

    350.2Notwithstanding any other provision of this section, copies of the filed paper need not be served upon any other party unless so ordered by the Chairperson.

     

    350.3Any person who objects to public disclosure of any information sought to be elicited from a witness or himself or herself on oral examination shall, before such information is disclosed, make his or her objection known. Upon such objection, and after all present have been sworn to secrecy, the witness shall be compelled to disclose such information only in the presence of the Chairperson, the hearing panel, and the attorneys for the parties.

     

    350.4The transcript of such information shall be segregated and filed in a sealed envelope in the manner prescribed in this section.

     

    350.5Copies of the segregated portion of the transcript need not be served upon any other party unless ordered by the Chairperson.

     

    350.6In case of objection to public disclosure of any information filed by or elicited from any government department or representative thereof, the department or representative making the objection shall follow the procedures described in this section.

     

    350.7No information covered by this section need be withheld from public disclosure unless written objection is filed with the Chairperson prior to the time of hearing.

     

    350.8The objection shall be in the form of a motion and signed by the objecting party, duly authorized officer or agent thereof, or by counsel representing that party.

     

    350.9The motion shall describe the information sought to be withheld and shall contain a statement of the reasons it is claimed that public disclosure would adversely affect the interest of the objecting party and is not required in the interest of the public.

     

    350.10Notwithstanding any of the provisions of this section, whenever the objection to disclosure of information shall have been made in the first instance at the time of hearing, the written motion required by this section shall not be necessary, but may be submitted if the parties so desire or if the Chairperson so directs.

     

    350.11The Chairperson shall rule on motions filed pursuant to this section specifying the extent to which, and the conditions upon which, the information may be disclosed to the parties, which order shall be effective upon the date stated therein, or, if made at a hearing, immediately upon the ruling of the Chairperson.

     

source

Final Rulemaking published at 34 DCR 6751, 6785 (October 23, 1987).