27-1231

27-1231. Public disclosure of information;
definition

A. The state mine inspector shall make available to the public any records, reports
or information obtained or prepared by the inspector, unless a notice accompanying the
information or any part of the information states that the information is a trade secret
or is otherwise confidential to the party's competitive position.

B. If the inspector, on the inspector's initiative or following a request for
disclosure, disagrees with the trade secret or confidential notice, the inspector may
request the attorney general to seek a court order authorizing disclosure. If a court
order is sought, the party shall be served with a copy of the court filing and has twenty
business days from the date of service to request a hearing on whether a court order
should be issued. The hearing shall be conducted in camera, and any order resulting from
the hearing is appealable as provided by law. The inspector may not disclose the
confidential information until a court order authorizing disclosure has been obtained and
becomes final. The court may award costs of litigation, including reasonable attorney and
expert witness fees, to the prevailing party.

C. The inspector shall make available to the public the following information
obtained from any person pursuant to this chapter:

1. The name and address of any plan applicant.

2. The proposed postaggregate mining land use or uses.

3. A general description of the proposed reclamation measures.

D. The inspector may disclose, with an accompanying confidentiality notice, any
records, reports or information obtained by the inspector or employees of the division of
mined land reclamation to:

1. Other state employees concerned with administering this chapter or if the
records, reports or information is relevant to any administrative or judicial proceeding
under this chapter.

2. Employees of the United States environmental protection agency if the
information is necessary or required to administer and implement or comply with federal
statutes or regulations.

E. For the purposes of this section, "trade secret" means information to which all
of the following apply:

1. A person has taken reasonable measures to protect the information from
disclosure and the person intends to continue to take those measures.

2. The information is not and has not been reasonably obtainable by legitimate
means by other persons without the person's consent, other than by governmental entities
and other than in discovery based on a showing of special need in a judicial or
quasijudicial proceeding.

3. A statute does not specifically require disclosure of the information to the
public.

4. The person has satisfactorily shown that disclosure of the information is likely
to cause substantial harm to the person's competitive position.