N.J. Admin. Code § 7:1G-6.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:1G-6.7 - Confidentiality and security of trade secret information

(a) All trade secret information in support of a trade secret claim, pending or approved, shall be treated as confidential in accordance with (b) through (h) below.

(b) Information regarding trade secret claims, pending or approved, shall only be communicated in person or in writing, among persons authorized pursuant to 7:1G-6.7 and 6.15 as well as between employers and such authorized persons. Said information shall not be communicated over telecommunications networks, including, but not limited to, telephones, computers connected by modems, or electronic mail systems. An exception may be made to this provision for emergencies pursuant to 7:1G-6.15(g).

(c) Any document transmitted by the department to the employer or any other authorized person, which contains information claimed to be a trade secret, shall be sent by certified mail return receipt requested, by personal delivery, or by other means which requires verification of receipt, the date of receipt, and the name of the person who receives the document.

(d) The Department shall communicate only with the employer's chief executive officer or his designated representatives, such designation to be made in writing, regarding the trade secret claim. The individual signing the trade secret claim submitted to the Department shall be considered the designated representative if no other communication is received from the employer.

(e) Any document prepared by the department for the employer which contains information claimed to be a trade secret shall display the word "CONFIDENTIAL" in bold type or stamp on the top of each page. The envelope containing such document shall be addressed to the employer's chief executive officer or his designated representative and shall display the word "CONFIDENTIAL" in bold type on both sides. This envelope shall be enclosed in a plain envelope addressed for mailing.

(f) Except as provided in 8:59-3.15 (7:1G-6.15), no person other than the Commissioner and his designated representatives and administrative law judges and their necessary staff conducting hearings on trade secret claims, shall have access to information regarding a trade secret claim. All designated representatives shall be employees of the State. Designations shall be made in writing. Designated persons other than administrative law judges shall sign an agreement to protect the confidentiality of the information before access is granted. Administrative law judges shall have access to trade secret information as necessary to preside over pre-hearing activities, conduct the hearing, render an initial decision, and return the record to either the Department of Environmental Protection or the Department of Health pursuant to N.J.A.C. 1:21.

(g) All documents containing information regarding a trade secret claim shall be stored in a locked file or safe in a locked office in the department. The file or safe and office containing such documents shall be locked when not being used by authorized persons.

(h) Persons authorized to use trade secret documents pursuant to (f) above shall do so in the office in which the trade secret documents are stored, unless authorized to remove the documents by the Commissioner or his designated representative. All trade secret documents which are removed shall be returned to the office in which the documents are stored each day by the end of the regular workday. The department shall maintain a log of persons who use documents containing trade secret information. The log shall include the person's name, title, and name of the document used, and the time of commencing and finishing use of the document. No trade secret document shall be delivered between offices by persons who are not authorized to handle said documents. Such documents shall not be duplicated unless necessary for purposes of 7:1G-6.15 or if the department determines that it is absolutely necessary to carry out its responsibilities under the Act. If so duplicated, the document shall be marked as a copy, but treated as if it was an original document. The copy shall be destroyed immediately after completion of the use for which it was intended.

N.J. Admin. Code § 7:1G-6.7

Amended by R.1993 d.386, effective 8/2/1993.
See: 25 N.J.R. 858(a), 25 N.J.R. 3537(a).
Amended by R.2005 d.27, effective 1/18/2005.
See: 36 N.J.R. 3376(a), 37 N.J.R. 275(a).
In (f), amended the N.J.A.C. reference.
Notice of readoption with technical change.
See: 45 N.J.R. 2599(a).