10 CCR s 5440

Cal. Admin. Code tit. 10, s 5440

CALIFORNIA CODE OF REGULATIONS
TITLE 10. INVESTMENT
CHAPTER 7.7. DEPARTMENT OF COMMERCE: COMPETITIVE TECHNOLOGY PROGRAM
ARTICLE 4. CONFIDENTIALITY
This database is current through 01/05/07, Register 2007, No. 1.
s 5440. Designation of Confidential Information.

No confidential information, or information that is the subject of a
pending application, shall be disclosed except as provided by Section
5441, unless disclosure is ordered by a court of competent jurisdiction.
(a) Any person giving custody or ownership of information to the agency
shall indicate any desire that it be designated confidential information
and not publicly disclosed, but failure to so indicate at the time the
information is submitted to the agency is not a waiver of the right to
request confidentiality later. A request for confidential designation
shall:

(1) be on a sheet or sheets separate from but attached to the
information;

(2) specifically indicate those parts of the information which
should be kept confidential;

(3) state the length of time the information should be kept
confidential, and provide justification for the length of time;

(4) cite and discuss (i) the provisions of the Public Records Act
(California Government Code 6250 et seq.) or other law that allows
the agency to keep the information confidential, and (ii) the public
interest in nondisclosure of the information. If it is believed that
the record should not be disclosed because it contains trade secrets
or its disclosure would otherwise cause loss of a competitive
advantage, the request shall also state the specific nature of the
advantage and how it would be lost, including the value of the
information to the requesting party, and the ease or difficulty with
which the information could be legitimately acquired or duplicated
by others;

(5) state whether and how the information is kept confidential by
the requesting party and whether it has ever been disclosed to a
person other than an employee of the requesting party, and if so
under what circumstances;

(6) contain the following certification executed by the person
primarily responsible for preparing the request: "I certify under
penalty of perjury that the information contained in this request
for confidential designation is true, correct, and complete to the
best of my knowledge, and that I am authorized to make this request
and certification on behalf of [name of entity]"; and

(7) specify whether the person submitting the request wishes the
information returned or disclosed upon a denial of confidential
designation; information returned to requesting party shall not be
considered or reviewed as part of any application for grant funding
to the agency.

(b) If the information contains information which the requesting party has
received from another party who has demanded or requested that the
requesting party maintain the confidentiality of the information, the
requesting party shall address the items in Section 5440(a) to the
greatest extent possible and shall explain the request made by the
original party and the reasons expressed by the original party.

(c) An incomplete request shall be returned to the requesting party with a
statement of its defects. The information for which confidentiality was
requested shall not be disclosed for thirty (30) days after return of the
request to the requesting party to allow a new request to be submitted.

(d) If a requesting party's prior request for confidential designation of
substantially similar information has been granted, a request for
confidential designation shall be deemed granted if the request contains a
certification that the information submitted is substantially similar and
that all facts and circumstances relevant to the granting or approval of
the request are unchanged.

(e) The secretary shall determine if a request for confidential
designation should be granted. A request shall be granted unless the
requesting party has failed to make any reasonable claim that the Public
Records Act or other provision of law authorizes the agency to keep the
information confidential, and upon a finding by the agency that there is a
public interest in nondisclosure of the information. The secretary shall
be authorized, within thirty (30) days after receipt of a request, to
require the requesting party to submit any additional information
necessary to rule on the request. If the additional information is not
returned to the agency within fourteen (14) days of agency mailing of the
request, the secretary shall deny the request. The secretary's
determination shall be in writing and shall be mailed no later than sixty
(60) days after receipt of a request or thirty (30) days after receipt of
additional information, whichever is later. There shall be no
administrative appeal from the secretary's decision. The information
sought to be designated confidential shall not be available for inspection
or copying for a period of 30 days after the denial of a request, during
which time the requesting party may appeal such denial to a court of
competent jurisdiction.

Note: Authority cited: Sections 6253(a) and 15379.9, Government
Code. Reference: Sections 15333.5 and 15379.3, Government Code.

HISTORY

1. Repealed by operation of Government Code section 11346.1(g) and new
section filed 8-20-89; operative 8-20-89 (Register 89, No. 31). For prior
history, see Register 89, No. 2.

2. Change without regulatory effect amending subsections (a), (a)(4),
(a)(7)
and (e) filed 2-7-94 pursuant to
title 1, section 100, California Code ofRegulations (Register 94, No. 6).

10 CCR s 5440, 10 CA ADC s 5440
1CAC

10 CA ADC s 5440

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