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38.5.7002    GENERAL -- PROCEDURES IN GENERAL -- PROPRIETARY INFORMATION

(1) Compliance, enforcement, and other administrative proceedings before the commission which may result from implementation of these rules or the statutes upon which they are based shall be in accordance with applicable statutes (e.g., Title 2, chapter 4, MCA (Montana Administrative Procedure Act) ) and rules (e.g., ARM Title 38, chapter 2) governing proceedings before the commission.

(2) In accordance with 69-3-105, MCA, supplier license applicants, supplier licensees, and others who may be participating in any procedure before the commission arising from these rules, may request that qualifying trade secret information submitted to the commission (e.g., through licensing, annual report, compliance, or investigation procedures, or other requirements of statute, rule, or order) be protected by the commission from public disclosure through protective order. Requests for a protective order must clearly identify the information to be protected and, in detail, identify the factual and legal basis upon which the information is asserted to qualify as trade secret and be entitled to protection.

History: Secs. 69-3-103, 69-3-1405, MCA; IMP, Secs. 69-3-105, 69-3-1405, MCA; NEW, 1998 MAR p. 1506, Eff. 6/12/98.

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