PUBLIC Law Chapter 683

	1.__Confidential information.__Information submitted to the
department under the provisions of the Maine Working Waterfront
Access Pilot Program established by Public Law 2005, chapter 462
may be designated by the submittor as proprietary information and
as being only for the confidential use of the department, its
agents and employees, other agencies of State Government, as
authorized by the Governor, and the Attorney General. The
designation must be clearly indicated on each page or other unit
of information. The commissioner shall establish procedures to
ensure that information so designated is segregated from public
records of the department. The department's public records must
include the indication that information so designated has been
submitted to the department, giving the name of the submittor and
the general nature of the information. Upon a request for
information the scope of which includes information so
designated, the commissioner shall notify the submittor. Within
15 days after receipt of the notice, the submittor shall
demonstrate to the satisfaction of the department that the
designated information should not be disclosed because the
information is proprietary information.__Unless such a
demonstration is made, the information must be disclosed and
becomes a public record. The department may grant or deny
disclosure for all or any part of the designated information
requested and within 15 days shall give written notice of the
decision to the submittor and the person requesting the
designated information. A person aggrieved by a decision of the
department under this subsection may appeal to the Superior
Court.

2.__Release information.__The commissioner may not release
information designated under subsection 1 prior to the expiration
of the time allowed for the filing of an appeal or to the
rendering of the decision on any appeal.

3.__Nonconfidential information.__Any information that is
collected by any other local, state or federal agency or
information required by the department for the purpose of
obtaining a permit, license, certification or other approval may
not be designated or treated as confidential information under
subsection 1.

4.__Definition.__For the purposes of this section,
"proprietary information" means information that is a trade
secret or production, commercial or financial information the
disclosure of which would impair the competitive position of the
submittor and would make available information not otherwise
publicly available.

PART G

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