North Dakota § 54-17.6-06 Access to council records

North Dakota Statutes

§ 54-17.6-06 — Access to council records

North Dakota § 54-17.6-06

Title 54State Government

Ch. 54-17.6Oil and Gas Research Council

This text of North Dakota § 54-17.6-06 (Access to council records) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 54-17.6-06 (2026).

Text

1.Materials and data submitted to, or made or received by, the council or commission, to the extent that the council determines the materials or data consist of trade secrets or commercial, financial, or proprietary information of individuals or entities applying to or contracting with the council or receiving council services under this chapter, 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 or entity must file a request with the council or commission to have material designated as confidential under subsection 1. The request must contain any information required by the council and must include at least the following:

a.A general description of the nature of the inform

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1. Materials and data submitted to, or made or received by, the council or commission, to
the extent that the council determines the materials or data consist of trade secrets or
commercial, financial, or proprietary information of individuals or entities applying to or
contracting with the council or receiving council services under this chapter, 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 or entity must file a request with the council or commission to have material
designated as confidential under subsection 1. The request must contain any
information required by the council 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 by other persons.
d. A general description of any person or entity that may obtain economic value from
disclosure or use of the information, and how the person or entity may obtain this
value.
e. A description of the efforts used to maintain the secrecy of the information.
3. Any request under subsection 2 is confidential. The council 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 council
determines the information is either not relevant or not a trade secret, the council shall
notify the requester and the requester may ask for the return of the information and
request within ten days of the notice. If no return is sought, the information and request
are a public record.
4. The names or identities of independent technical reviewers on any project or program
and the names of council members making recommendations are confidential, may
not be disclosed by the council, and are not public records subject to section 44-04-18
or section 6 of article XI of the Constitution of North Dakota.