N.D. Cent. Code § 4.1-01.1-09
This is the official text of N.D. Cent. Code § 4.1-01.1-09, part of North Dakota’s Cent. Code — part of the compiled statutory law of North Dakota, published by the state as "Cent. Code." Browse the sections below, each linked to its official government source.
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4.1-01.1-09. Agriculture diversification and development fund grants program - Access to records
Official statutory text
4.1-01.1-09. Agriculture diversification and development fund grants program -
Access to records.
1. To the extent the agriculture diversification and development committee determines
the materials or data provided under section 4.1-01.1-07 consist of trade secrets or
commercial, financial, or proprietary information of individuals or entities applying for
grants with the committee, materials and data submitted to, made by, or received by
the committee, are not public records subject to section 44-04-18 and section 6 of
article XI of the Constitution of North Dakota, and are subject to section 44-04-18.4.
2. A person may file a request with the committee to have material designated as
confidential under subsection 1. The request must contain any information required by
the committee and must include at least the following:
a. A general description of the nature of the information sought to be protected;
b. An explanation of why the information derives independent economic value,
actual or potential, from not being generally known to other persons;
c. An explanation of why the information is not readily ascertainable by proper
means of other persons;
d. A general description of any person that may obtain economic value from
disclosure or use of the information, and how the person may obtain this value;
and
e. A description of the efforts used to maintain the secrecy of the information.
3. A request under subsection 2 is confidential. The committee shall examine the request
and determine whether the information is relevant to the matter at hand and is a trade
secret under the definition in section 47-25.1-01 or 44-04-18.4. If the committee
determines the information is not relevant or not a trade secret, the committee shall
notify the requester and the requester may ask for the return of the information and the
request within ten days of the notice. If no return is sought, the information and request
are public records.
4. The names or identities of independent technical reviewers on a project or program
are confidential, may not be disclosed by the committee, and are not public records
subject to section 44-04-18 or section 6 of article XI of the Constitution of North
Dakota.
Access to records.
1. To the extent the agriculture diversification and development committee determines
the materials or data provided under section 4.1-01.1-07 consist of trade secrets or
commercial, financial, or proprietary information of individuals or entities applying for
grants with the committee, materials and data submitted to, made by, or received by
the committee, are not public records subject to section 44-04-18 and section 6 of
article XI of the Constitution of North Dakota, and are subject to section 44-04-18.4.
2. A person may file a request with the committee to have material designated as
confidential under subsection 1. The request must contain any information required by
the committee and must include at least the following:
a. A general description of the nature of the information sought to be protected;
b. An explanation of why the information derives independent economic value,
actual or potential, from not being generally known to other persons;
c. An explanation of why the information is not readily ascertainable by proper
means of other persons;
d. A general description of any person that may obtain economic value from
disclosure or use of the information, and how the person may obtain this value;
and
e. A description of the efforts used to maintain the secrecy of the information.
3. A request under subsection 2 is confidential. The committee shall examine the request
and determine whether the information is relevant to the matter at hand and is a trade
secret under the definition in section 47-25.1-01 or 44-04-18.4. If the committee
determines the information is not relevant or not a trade secret, the committee shall
notify the requester and the requester may ask for the return of the information and the
request within ten days of the notice. If no return is sought, the information and request
are public records.
4. The names or identities of independent technical reviewers on a project or program
are confidential, may not be disclosed by the committee, and are not public records
subject to section 44-04-18 or section 6 of article XI of the Constitution of North
Dakota.
Status: in_force · Read it on the official government site
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