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(a) All documents or records submitted to or held by the board are public. However, a document or record in the possession or control of the board will not be available to, nor will a discussion of the document or record be open to the public if a majority of the board members determines, in accordance with this section, that the document or record contains confidential business or marketing information, the protection of which is essential to the person who has submitted them to the board or, in the judgment of the board, is essential to the best interests of the state.
(b) The board may receive and maintain confidential information under the following terms, conditions, and procedures:
(1) Qualifications. Any person or other entity having official business with the board may request that certain documents be received and maintained in confidence.
(2) Board Presentation. The party desiring to submit confidential information shall appear before the board during a regular public meeting, describe the nature of the confidential information and request that the board receive the information in confidence.
(3) Only confidential business or marketing information as defined in AS 38.06.060 will be considered for acceptance as confidential information.
(4) Vote of Board Required. Before viewing or receiving confidential information, the board shall determine, by majority vote, if the information will be received and maintained as confidential. The vote must be recorded and entered into the minutes of the meeting.
(5) Nondisclosure Letter Agreement. Before viewing or receiving confidential information, the board shall authorize a person and the party submitting confidential information to sign the board's standard-form nondisclosure letter agreement. The agreement must include a complete inventory of all information received as confidential; a distribution list of all persons to receive copies, have access, or view the confidential information; a verbatim copy of AS 38.06.060 relating to the board's authority to receive the confidential information; a copy of this section and other terms approved by the board relating to the board's agreement to maintain the information confidential.
(6) Distribution of Confidential Information. The board shall distribute confidential information in accordance with the nondisclosure letter agreement but only after each potential recipient of confidential information has signed the nondisclosure letter agreement and agrees to maintain the information in confidence. Confidential documents must be returned to the board after they have served their purpose.
(7) Records of Confidential Information. Confidential documents will be marked "confidential - Alaska Royalty Oil and Gas Development Advisory Board, Serial Number ____________, page ____________ of ____________ ." The board shall record the receipt of confidential information in a log designed for this purpose. The log is available to the public. Serial numbers for each document will be assigned by the board.
(8) Security of Confidential Information. Confidential documents must be retained in separate locked files in order to maintain security.
(9) Declassification of Documents. Confidential documents and records will be held as confidential for a period of three years, after which they will be placed in the public file. During the three-year period, confidential information will be reviewed annually by the board to ensure that those documents continue to meet the standards of confidentiality established by the board. By majority vote, the board may request declassification of confidential documents from the party submitting them. If the submitting party agrees, the document will be marked "Declassified" and placed in the public file. The disposition of all declassified documents must be recorded in the confidential documents log.
(10) Extra Copies of Confidential Documents. Copies of confidential documents returned to the board by those on the distribution list will be destroyed and noted in the confidential log.
History: Eff. 7/19/81, Register 79
Authority: AS 38.06.010
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The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.
If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.
Last modified 7/05/2006