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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 25. Evidence, Presumptions, and Privileges
- Section 465. Exception: Disclosure Required By Court.
previous: Section 460
. Nonprivileged Materials.
next: Section 475
. Voluntary Disclosure; Immunity.
AS 09.25.465. Exception: Disclosure Required By Court.
- (a) A court or administrative hearing officer with jurisdiction may require disclosure of confidential self-evaluation and
analysis contained in an audit report in a civil or administrative proceeding if the court or administrative hearing
officer determines, after an in camera review consistent with the appropriate rules of procedure, that the
- (1) privilege is asserted for a criminal or fraudulent purpose;
- (2) information for which the privilege is claimed is evidence of substantial injury, or the imminent or present threat of
substantial injury, to one or more persons at the site audited or to persons, property, or the environment offsite or
is evidence of the causes and circumstances leading to such injury or the imminent or present threat of such injury;
- (3) audit report shows evidence of noncompliance with an environmental law and appropriate efforts to achieve compliance
with the law were not promptly initiated and pursued with reasonable diligence after discovery of noncompliance;
- (4) audit report was prepared for the purpose of avoiding disclosure of information required for an investigative,
administrative, or judicial proceeding that, at the time of the report's preparation, was imminent or in progress; or
- (5) privilege would result in a miscarriage of justice or the denial of a fair trial to the party challenging the
- (b) A party seeking an in camera review as provided under (a) of this section shall provide to the court or administrative
hearing officer a factual basis adequate to support a good faith belief by a reasonable person that the documents or
communications for which disclosure is sought are likely to reveal evidence to establish that an exception in (a) of
this section applies.
- (c) A party seeking disclosure of confidential self-evaluation and analysis during an in camera review under this section
has the burden of proving that an exception in (a) of this section applies.
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