(A) Any material containing what the director, under division (A) of section 3704.08 of the Revised Code, has designated as a trade secret, shall be treated by the commission as confidential.
(B) In an appeal de novo or one in which additional evidence is taken, any person who seeks to introduce records, reports, or information which, if made public, would divulge methods or processes entitled to protection as a trade secret, may move the commission to keep such materials confidential. The party or intervenor may move the commission to grant that such portions of the hearing as relate to such trade secrets be closed to the public. In the absence of such a motion and the granting thereof, all material in the record shall be public.
(C) Any person seeking confidential status for a trade secret shall have the burden of establishing the right to such status.
(D) Where no certified record of the director has been filed with the commission and no certification of trade secrets has been made, the commission, on motion by the party seeking recognition of a trade secret, may grant trade secret designation to the same extent as the director, if application had been made to him under division (A) of section 3704.08 of the Revised Code.
R.C. 119.032 review dates: 10/01/2008 and 10/01/2013
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02 - 3745.06
Prior Effective Dates: 8/24/73, 10/6/98