310 CMR, § 3.26

Current through Register 1538, January 3, 2025
Section 3.26 - Reconsidering Confidentiality Determinations

If the Department determines that newly discovered information or changed circumstances make it appropriate for the Department to reconsider and possibly modify a prior grant of confidentiality, the Department shall so notify the person who submitted the record to the Department. The notice shall give the person a reasonable period of time to substantiate, pursuant to 310 CMR 3.24, keeping the record in question confidential. The amount of time originally established in the notice may be reasonably extended by the Department. After this time has passed, or after the Department has received a written response from the person requesting confidentiality, whichever occurs first, the Department shall make a new determination whether the record in question shall be deemed either confidential or a public record. 310 CMR 3.26 shall not apply to trade secret claims made pursuant to M.G.L. c. 21I and 310 CMR 3.30 through 3.39.

310 CMR, § 3.26