Alaska Administrative Code › Title 11 - Natural Resources › Part 3 - Oil and Gas › Chapter 26 - Alaska Royalty Oil and Gas Development Advisory Board › Article 1 - Administrative Matters › 11 AAC 26.090 - Confidentiality of documents

Current through May 31, 2024
(a) All documents
				  or records submitted to or held by the board are public. However, a document or
				  record in the possession or control of the board will not be available to, nor
				  will a discussion of the document or record be open to the public if a majority
				  of the board members determines, in accordance with this section, that the
				  document or record contains confidential business or marketing information, the
				  protection of which is essential to the person who has submitted them to the
				  board or, in the judgment of the board, is essential to the best interests of
				  the state.
(b) The board may
				  receive and maintain confidential information under the following terms,
				  conditions, and procedures:
(1)
				  Qualifications. Any person or other entity having official business with the
				  board may request that certain documents be received and maintained in
				  confidence.
(2) Board Presentation.
				  The party desiring to submit confidential information shall appear before the
				  board during a regular public meeting, describe the nature of the confidential
				  information and request that the board receive the information in
				  confidence.
(3) Only confidential
				  business or marketing information as defined in
				  AS
				  38.06.060 will be considered for acceptance
				  as confidential information.
(4)
				  Vote of Board Required. Before viewing or receiving confidential information,
				  the board shall determine, by majority vote, if the information will be
				  received and maintained as confidential. The vote must be recorded and entered
				  into the minutes of the meeting.
(5) Nondisclosure Letter Agreement. Before
				  viewing or receiving confidential information, the board shall authorize a
				  person and the party submitting confidential information to sign the board's
				  standard-form nondisclosure letter agreement. The agreement must include a
				  complete inventory of all information received as confidential; a distribution
				  list of all persons to receive copies, have access, or view the confidential
				  information; a verbatim copy of
				  AS
				  38.06.060 relating to the board's authority
				  to receive the confidential information; a copy of this section and other terms
				  approved by the board relating to the board's agreement to maintain the
				  information confidential.
(6)
				  Distribution of Confidential Information. The board shall distribute
				  confidential information in accordance with the nondisclosure letter agreement
				  but only after each potential recipient of confidential information has signed
				  the nondisclosure letter agreement and agrees to maintain the information in
				  confidence. Confidential documents must be returned to the board after they
				  have served their purpose.
(7)
				  Records of Confidential Information. Confidential documents will be marked
				  "confidential - Alaska Royalty Oil and Gas Development Advisory Board, Serial
				  Number ____________, page ____________ of ____________." The board shall record
				  the receipt of confidential information in a log designed for this purpose. The
				  log is available to the public. Serial numbers for each document will be
				  assigned by the board.
(8) Security
				  of Confidential Information. Confidential documents must be retained in
				  separate locked files in order to maintain security.
(9) Declassification of Documents.
				  Confidential documents and records will be held as confidential for a period of
				  three years, after which they will be placed in the public file. During the
				  three-year period, confidential information will be reviewed annually by the
				  board to ensure that those documents continue to meet the standards of
				  confidentiality established by the board. By majority vote, the board may
				  request declassification of confidential documents from the party submitting
				  them. If the submitting party agrees, the document will be marked
				  "Declassified" and placed in the public file. The disposition of all
				  declassified documents must be recorded in the confidential documents
				  log.
(10) Extra Copies of
				  Confidential Documents. Copies of confidential documents returned to the board
				  by those on the distribution list will be destroyed and noted in the
				  confidential log.