NAC706.3954. Confidentiality of information: Disclosure of information designated as confidential; penalties.

     1. During the pendency of a proceeding, any person who receives information which has been designated as confidential pursuant to NAC 706.3944 to 706.3954, inclusive:

     (a) Shall not disclose the information unless the confidentiality of the information is waived. The confidentiality of information shall be deemed to be waived if:

          (1) The person who requested that the information not be disclosed makes the information available to the public or otherwise authorizes the disclosure of the information; or

          (2) The Authority or presiding officer enters an order which authorizes the disclosure of the information.

     (b) May request, at any time, that the Authority or presiding officer make a determination that the disclosure of the information is justified. The person may accompany his or her request with a sealed copy of the unredacted document or information.

     2. The person seeking to have the information protected from disclosure has the burden of proof to demonstrate that the information sought to be disclosed is entitled to that protection.

     3. Information which is the subject of an agreement or a protective order will be provided only to the staff of the Authority.

     4. A person, a party, the legal counsel of a party or the expert designated by a party who:

     (a) Violates the procedures of the Authority or presiding officer for protecting information;

     (b) Fails to obey a protective order issued by the Authority or presiding officer;

     (c) Violates the terms or conditions of a protective agreement; or

     (d) Violates any other prohibition of the disclosure of information designated as confidential pursuant to NAC 706.3944 to 706.3954, inclusive,

Ê is subject to the penalties and civil remedies prescribed in NRS 706.771.

     (Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)