Section 1.68 - Confidential Materials(a) Applicability of the Public Information Act. All records, data, and information filed with the Commission are subject to the Texas Public Information Act, Texas Government Code, Chapter 552. If the Commission receives a third party request for materials that have been marked confidential pursuant to subsection (b) or (c) of this section, the Commission will notify the filing party of the request in accordance with the provisions of the Texas Public Information Act so that the party can take action with the Office of the Attorney General to oppose release of the materials.(b) Filing confidential materials in a hearing before the Hearings Division. (1) A party filing material in a hearing before the Hearings Division that the party contends to be confidential by law shall file the materials with the Docket Services Section by delivering them in a sealed and labeled container, accompanied by an explanatory cover letter. The cover letter shall identify the docket number and the style of the case, explain the nature of the sealed materials, and specify the relief sought. The outside of the container shall identify the docket number, the style of the case, the name of the submitting party, and be marked "CONFIDENTIAL AND UNDER SEAL" in bold print at least one inch in size. The front page of each portion of confidential material shall be marked "confidential." Confidential material shall not be filed by fax. A party who elects to file confidential material electronically shall notify the Docket Services Section prior to filing such material.(2) A party may file a motion to seal the record if it has filed confidential materials in accordance with paragraph (1) of this subsection. In the motion, the party shall describe the materials it contends to be confidential by law, indicate the specific provision of law that exempts the material from disclosure, and request that the examiner order the described materials to be sealed. The examiner may, after consideration at hearing, order the described materials to be sealed, subject to any determination by the Office of the Attorney General and as further described in subsection (a) of this section.(3) Confidential materials filed with the Hearings Division will be retained until the contested case is no longer appealable and in accordance with the Commission's retention policy.(c) Filing confidential materials with the Commission other than in a hearing. (1) A party filing material with a division of the Commission other than the Hearings Division that the party contends to be confidential by law shall file the materials with the applicable division by delivering them in a sealed and labeled container accompanied by an explanatory cover letter. The cover letter shall explain the nature of the sealed materials. The outside of the container shall identify the name of the submitting party and be marked "CONFIDENTIAL AND UNDER SEAL" in bold print at least one inch in size. The front page of each portion of confidential material shall be marked "confidential." Confidential material shall not be filed by fax. A party who elects to file confidential material electronically shall notify the applicable division prior to filing such material.(2) Confidential materials filed under this subsection will be retained in accordance with the Commission's retention policy.16 Tex. Admin. Code § 1.68
Adopted by Texas Register, Volume 42, Number 33, August 18, 2017, TexReg 4137, eff. 8/21/2017