Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › General Provisions › Section 459.125 - Certain records and documents of the Division regarding radiation control declared confidential; procedure for marking documents as confidential

Current through June 11, 2024
1. The State Board of Health hereby declares
				  to be confidential, the following final records and documents of the Division
				  regarding radiation control:
(a)
				  Correspondence to and from the Division regarding the issuance, denial,
				  amendment, transfer, renewal, modification, suspension, revocation or violation
				  of a license, permit, order or standard design approval, or regarding a
				  proceeding concerning the adoption of regulations pursuant to
				  NRS 459.010 to
				  459.290, inclusive;
				  and
(b) Records and documents of
				  the Division regarding radiation control which are:
(1) Established by an executive order issued
				  by the President of the United States to be kept secret in the interest of
				  national defense or foreign policy and are in fact properly classified pursuant
				  to that executive order;
(2)
				  Related solely to the internal personnel rules and practices of the Division
				  regarding radiation control;
(3)
				  Specifically exempted from disclosure by statute but only if that statute
				  requires that the matters be withheld from the public in such a manner as to
				  leave no discretion on the issue;
(4) Trade secrets as provided in
				  NRS
				  459.050 and commercial or financial
				  information obtained from a person which is privileged or
				  confidential;
(5) Interagency or
				  intra-agency memorandums or letters regarding radiation control which would not
				  be available by law to a party other than an agency in litigation with the
				  Division;
(6) Information of a
				  personal nature, including, without limitation, personnel and medical files and
				  other similar files, the disclosure of which would constitute a clearly
				  unwarranted invasion of personal privacy;
(7) Records or information compiled for law
				  enforcement purposes, but only to the extent that the production of such law
				  enforcement records or information:
(I) Could
				  reasonably be expected to interfere with enforcement proceedings;
(II) Would deprive a person of a right to a
				  fair trial or an impartial adjudication;
(III) Could reasonably be expected to
				  constitute an unwarranted invasion of personal privacy;
(IV) Could reasonably be expected to disclose
				  the identity of a confidential source, including a State or local agency or
				  authority, or any private institution which furnished information on a
				  confidential basis, and, in the case of a record or information compiled by a
				  criminal law enforcement authority in the course of a criminal investigation,
				  or by an agency conducting a lawful national security intelligence
				  investigation, information furnished by a confidential source;
(V) Would disclose techniques and procedures
				  for law enforcement investigations or prosecutions, or would disclose
				  guidelines for law enforcement investigations or prosecutions if such
				  disclosure could reasonably be expected to risk circumvention of the law;
				  or
(VI) Could reasonably be
				  expected to endanger the life or physical safety of any person;
(8) Contained in or related to
				  examination, operating or condition reports prepared by, on behalf of, or for
				  the use of an agency responsible for the regulation or supervision of financial
				  institutions; and
(9) Geological
				  and geophysical information and data, including maps, concerning
				  wells.