OAR 409-070-0070: Confidentiality; Permitted Disclosures

(1) An applicant for review of a material change transaction may designate portions of a notice and any documents thereafter submitted by the applicant in support of the notice as confidential. Any portion or portions of a notice of material change transaction designated as confidential must be provided separately as one or more attachments. The entities must not include any confidential information in the notice of material change transaction form itself. (2) Entities submitting forms, documents, materials, or other information, including an optional application for determination of covered transaction status under OAR 409-070-0042 or a request for emergency exemption under OAR 409-070-0022 must file two versions of the submitted documents. One must be marked as "CONFIDENTIAL" and must contain the full unredacted version of the notice or supporting materials and must be maintained as such by the Authority and the Department. The second must be marked as "PUBLIC" and must contain a redacted version of the notice or supporting materials (from which the confidential portions have been removed or obscured) and must be made available to the public by the Authority. An applicant claiming confidentiality in respect of portions of a notice, or any documents thereafter submitted by the applicant in support of the notice, must include a redaction log, which the Authority will publish, that provides a reasonably detailed statement of the grounds on which confidentiality is claimed, citing the applicable statutory basis for confidentiality of each portion. (3) The Authority will, in collaboration with the Oregon Department of Justice, review all claims of confidentiality. The Authority or the Oregon Department of Justice may require additional information from an entity to justify their claims of confidentiality. An applicant must timely respond to all inquiries and requests for additional information received by either the Authority or the Oregon Department of Justice. (4) The failure of an applicant to adequately justify grounds for confidentiality as required in section (1) and timely respond to correspondence from the Authority or the Oregon Department of Justice related to such claim of confidentiality as required in section (3) may result in a denial of the Authority accepting such confidentiality claims. In the event of such an occurrence, the Authority will provide a minimum of five business days advance notification to the Applicant prior to public release. (5) Confidential materials filed by an applicant in connection with a transaction that is subject to review by each of the Authority and the Department must be maintained as confidential materials in accordance with paragraph (1) of this rule, ORS 415.501(13)(c) and ORS 705.137. (6) Confidential materials filed by an applicant in connection with a transaction that is subject to review by the Authority under these rules and under the Authority’s CCO Acquisitions and Mergers in OAR 410-141-5255, et seq., must be maintained as confidential materials in accordance with paragraph (1) of this rule and ORS 415.501(13)(c). (7) The Authority may authorize sharing a confidential document, material or other information as appropriate among the administrative divisions and staff offices of the Authority for the purpose of administering and enforcing the program. (8) Disclosing or sharing a document, material or other information to the Authority under this rule does not waive an applicable privilege or claim of confidentiality in the document, material or other information.