(1) A person not a party to a proceeding in which a protective order has been issued may propose access to confidential information in accordance with the following procedure.

(a) The person shall notify the commission and legal counsel for the provider, in writing, of the intent to request access to confidential information. The notification must include the name and address of the person, an identification of the information for which access is requested, the reason access is requested, and the intended use of the information if access is granted.

(b) Within 10 days of the provider's receipt of notice, if it is the good faith position of the provider that the person should not be given access to the information, the provider must object in writing, clearly stating the reasons for the objection, and copy the objection to the person and the commission.

(c) If the person and the commission do not receive an objection within the time required, the person may access the information in accordance with the governing protective order.

(d) If the person and the commission receive an objection within the time required, the person and the provider shall attempt to resolve the objection. If unable to resolve the objection, either the person or the provider may apply to the commission for a ruling. Access to the information must not be given to the person pending ruling by the commission.

(e) The standard applied by the commission in determining a question of access to confidential information is whether access would be reasonably likely to jeopardize the confidential nature of the information.

(f) Dissatisfaction with a ruling by the commission may be appealed to the district court, and, pending appeal, the information must not be disclosed to the designated person.