3750-60-52 Standards for sufficiency of substantiation of a trade secret claim.

(A) The claimant withholding specific chemical identity from required submissions under sections 3750.04 , 3750.05 , 3750.07 , and 3750.08 of the Revised Code must make factual assertions that are sufficient to support a conclusion that the chemical identity is a trade secret. These assertions are made by completely answering all the questions of rule 3750-60-20 of the Administrative Code.

(B) The commission has adopted under rule 3750-60-50 of the Administrative Code sufficiency criteria which are standards used to determine whether the claimant has established a prima facie case for trade secrecy.

(C) The facts asserted under rule 3750-60-20 of the Administrative Code will be considered against the sufficiency criteria to make a trade secret determination of rule 3750-60-50 of the Administrative Code.

Eff 6-30-93
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3750.02(B)(1)(i) , 3750.02(B)(2)(d) , 3750.02(B)(5) , 3750.02(B)(14)
Rule amplifies: RC 3750.09