NAC706.3949. Confidentiality of information: Request for confidential treatment of information; procedure; responsibilities of Authority; hearing.

     1. A person who requests that information, which is in the possession of the Authority and pertains to that person, not be disclosed must submit to:

     (a) The Deputy Commissioner, one copy of the document which contains the information in an unredacted form. The document must be placed in a sealed envelope, and the envelope and each page of the document must be stamped with the word “Confidential.”

     (b) The Authority, a copy of the document which redacts the information for which the confidential treatment is requested and such additional copies of the redacted document as requested by the Authority. The Authority may not request more than nine additional copies of the redacted document.

     2. A request that information not be disclosed must be served on the staff of the Authority and must:

     (a) Describe with particularity the information to be treated as confidential information;

     (b) Specify the grounds for the claim of confidential treatment of the information; and

     (c) Specify the period during which the information must not be disclosed.

     3. Public disclosure of only those specific portions of a filing which contain information for which confidentiality is requested will be withheld or otherwise limited.

     4. If the information for which confidentiality is requested is part of an application, petition or other initial filing, the application, petition or filing must comply with the provisions of this section. The initial notice issued by the Authority pursuant to NAC 706.3937 will state that certain information contained in the application, petition or filing has been requested to be treated as confidential information.

     5. The Authority is responsible for the custody, maintenance and return or disposal of confidential information in the possession of the Authority and will:

     (a) Maintain the confidential information separate and apart from all other records of the Authority; and

     (b) Adequately safeguard access to such information and ensure that confidential information is not divulged to unauthorized persons.

     6. To determine whether to accord confidential treatment to information pursuant to NAC 706.3944 to 706.3954, inclusive, the presiding officer may review the information in camera.

     7. A closed hearing held before the presiding officer must be held in accordance with the provisions of NRS 706.1725.

     8. Notwithstanding the other provisions of this section, the staff of the Authority is entitled to receive information designated as confidential in accordance with NAC 706.3944 to 706.3954, inclusive, if the staff of the Authority has executed a protective agreement.

     (Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98; A by Nev. Transportation Auth. by R113-10, 12-16-2010)