38.2.5002 PROTECTIVE ORDERS AND RULES--RELATIONSHIP, WAIVER, SPECIAL PROVISIONS, INAPPLICABILITY
(1) If conflict exists between these rules and a protective order, the protective order controls.
(2) Requests for waiver of one or more of these rules will not be routinely granted, but may be granted for good cause. Requests for waiver must include a concise statement of the reasons for the request.
(3) Requests that special provisions or terms and conditions not provided by these rules be included in a protective order will not be routinely granted, but may be granted for good cause. Requests for special provisions or terms and conditions must include proposed language and a concise statement of the reasons for the request.
(4) These rules do not apply to all information in the possession of the commission which may be lawfully withheld from public disclosure. Generally, these rules apply to confidential information necessary to commission regulation and decision-making, normally but not exclusively in a contested case process. Information to which these rules do not apply includes agency personnel records or identities of certain informants or complainants. Also, these rules do not apply to information, access to which will create a risk of personal safety or impede law enforcement efforts.
History: 69-3-103, MCA; IMP, 69-3-105, MCA; NEW, 2000 MAR p. 2037, Eff. 7/28/00; AMD, 2004 MAR p. 2592, Eff. 10/22/04; AMD, 2007 MAR p. 2135, Eff. 12/21/07.