Public Employees' Chemical Right To Know Act Page 17
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31damages; and,
(iii)
May not include requirements for the posting of a penalty bond.
(5)
Nothing in this standard is meant to preclude the parties from pursuing
non-contractual remedies to the extent permitted by law.
(6)
If the health professional, employee, or designated representative
receiving the trade secret information decides that there is a need to disclose it to the
Director, the chemical manufacturer, or employer who provided the information shall be
informed by the health professional, employee, or designated representative prior to, or at
the same time as, such disclosure.
(7)
If the chemical manufacturer or employer denies a written request for
disclosure of a specific chemical identity, the denial must;
(i)
Be provided to the health professional, employee, or designated
representative, within thirty (30) days of the request;
(ii)
Be in writing;
(iii)
Include evidence to support the claim that the specific chemical
identity is a trade secret;
(iv)
State the specific reasons why the request is being denied, and,
(v)
Explain in detail how alternative information may satisfy the
specific medical or occupational health need without revealing the specific chemical
identity.
(8)
The Director, upon his initiative, or upon request by the health
professional, an employee, designated representative, or public employer, shall request
any or all of the data substantiating the trade secret claim to determine whether the claim
is valid.
(9)
The Director shall protect from disclosure all information coming into his
possession that is marked as confidential, and shall return all information so marked at the
conclusion of his determination. Any information marked confidential pursuant to this
regulation shall not be disclosed during any administrative proceeding held pursuant to
this regulation. Administrative hearings held pursuant to this regulation shall not be open
to the public, but otherwise shall be held in a manner consistent with that provided for in
the Administrative Procedures Act, Arkansas Code '' 5-15-201 et seq., for hearings in
contested cases. The proponent of disclosure shall also have the right to be heard.
(10)
No employee of the State of Arkansas shall disclose any information
designated as a trade secret other than within the provision of Ark. Code. Ann '' 8-7-1001
et seq.
(11)
Nothing in this regulation shall be construed as requiring the disclosure
under any circumstances of process or percentages of mixture information that is trade
secret.
(12)
Any administrative order issued by the Director with respect to any trade
secret claim is subject to appeal as provided in the Administrative Procedures Act,
Arkansas Code '' 5-15-201 et seq.
12-(j) WORKPLACE CHEMICAL LISTS TO BE FILED WITH DIRECTOR.
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