SECTION 11.74. Information Subject to Public Review

(a) All information filed by an applicant or permittee is considered essential for public review unless the provisions of subsection (b) of this section apply.

(b) An applicant or permittee may identify as confidential specific information concerning mineral deposits, test borings, core samples, geophysical logs, trade secrets, or privileged commercial or financial information relating to the competitive rights of the applicant for or permittee of any exploration permit or surface mining permit. At the time the information is filed, the applicant or permittee shall identify all specific information claimed to be confidential and shall set forth all facts and arguments in support of this claim. Information claimed to be confidential shall be submitted separately from the rest of the application in a clearly marked sealed envelope.

(1) The director shall review the specific information identified as confidential by the applicant or permittee and, within 10 business days from the date of filing, the director shall make a written determination as to whether the specific information is essential for public review. The director's determination is subject to appeal to the Commission within 10 business days of issuing such determination. If the director determines that the specific information is essential for public review, the director shall set forth all facts and reasoning in support of that determination. Ten business days following the issuance of that determination, the director shall place the specific information in the public file, unless the applicant or permittee appeals the director's determination to the Commission.

(2) A member, employee, or agent of the Commission shall not disclose specific information that has been determined in paragraph (1) of this subsection to be confidential and not essential for public review.

Source Note: The provisions of this §11.74 adopted to be effective November 1, 2010, 35 TexReg 9724