Section 54-63-02 - Access to council records1. Materials and data submitted to, or made or received by, the council or industrial commission, to the extent that the council or industrial commission determines the materials or data consist of trade secrets or commercial, financial, or proprietary information of individuals or entities applying to or contracting with the commission or receiving council or industrial commission services under this chapter, are subject to section 44-04-18.4.2.a. A person or entity must file a request with the council or industrial commission to have material designated as confidential under subsection 1. The request must contain any information required by the council or industrial commission and must include at least:(1) A general description of the nature of the information sought to be protected.(2) An explanation of why the information derives independent economic value, actual or potential, from not being generally known to other persons.(3) An explanation of why the information is not readily ascertainable by proper means by other persons.(4) A general description of a person or entity that may obtain economic value from disclosure or use of the information, and how the person or entity may obtain this value.(5) A description of the efforts used to maintain the secrecy of the information.b. The fact that a request has been made is exempt.3. The information submitted pursuant to subsection 2 is confidential. The council or industrial commission shall examine the request and determine whether the information is relevant to the matter at hand and is a trade secret under the definition in section 47-25.1-01 or 44-04-18.4. If the council or industrial commission determines the information is either not relevant or not a trade secret, the council or industrial commission shall notify the requester and the requester may ask for the return of the information and request within ten days of the notice. If no return is sought, the information and request are a public record.4. The names or identities of independent technical reviewers on a project or program and the names of council members making recommendations are confidential, may not be disclosed by the council, and are not public records subject to section 44-04-18 or section 6 of article XI of the Constitution of North Dakota.