Section 3.107.770. Confidentiality of abstracts, full proposals and other materials submitted to the authority.

	(a)  An abstract, full proposal, and other materials submitted to the authority under AS 42.45.375 and 3 AAC 107.700 - 3 AAC 107.799 are records subject to AS 40.25.100 - 40.25.295 (Alaska Public Records Act) and 2 AAC 96, and may be disclosed to the public unless the records are confidential or otherwise protected from disclosure under AS 40.25.120 or other applicable law.   
	(b)  A person submitting an abstract, full proposal, or other material under AS 42.45.375 and 3 AAC 107.700 - 3 AAC 107.799 may request that certain information be kept confidential. The request must  
		(1) clearly designate the specific information to be kept confidential; and  
		(2) specifically describe the basis for asserting that the information is protected from disclosure under AS 40.25.120; if the person believes the information is protected as a trade secret or business proprietary information, the description must include analysis of whether the person's commercial privacy interest in protecting the information from disclosure outweighs the public interest in obtaining the information.  
	(c)  If the authority determines the records submitted do not appear to be confidential or otherwise protected from disclosure under AS 40.25.100 - 40.25.295 (Alaska Public Records Act), the authority will notify the applicant so that the applicant may request to withdraw all or parts of the abstract or full proposal.  
	(d)  If the authority agrees that records received from a grantee appear to be confidential or otherwise protected from disclosure under AS 40.25.100 - 40.25.295 (Alaska Public Records Act), the authority will agree in the grant agreement to notify the applicant if the authority receives a public records request so that the applicant may seek judicial relief or take other action necessary to protect the records from disclosure.  

Authorities

42.45.375;44.83.080

Notes

Authority

AS 42.45.375 AS 44.83.080

History

Eff. 1/26/2012, Register 201