CHAPTER 407a. PUBLIC ACCESS TO BOARD FILES

Sec.


407a.1.    Case files.
407a.2.    Minutes of public meeting and annual report.
407a.3.    Confidential information.

Authority

   The provisions of this Chapter 407a issued under 4 Pa.C.S. § §  1201(f), 1202(b)(25) and (30) and 1206, unless otherwise noted.

Source

   The provisions of this Chapter 407a adopted June 22, 2007, effective June 23, 2007, 37 Pa.B. 2808, unless otherwise noted.

§ 407a.1. Case files.

 (a)  The Clerk will maintain a file for all formal records.

 (b)  Access to formal records will be governed by the following:

   (1)  Nonconfidential information in formal records will be available for inspection during normal Board business hours.

   (2)  A request for access to information will be addressed in accordance with the Right-to-Know Law (65 P. S. § §  67.101—67.3104).

 (c)  The Board or its designee may issue protective orders sua sponte or by request of a party or may establish standards governing the protection of proprietary or confidential information for a given proceeding. All parties to a proceeding shall mark documents in accordance with the directives of the Board or its designee and in accordance with §  493a.10a (relating to motions to protect confidential information).

Authority

   The provisions of this §  407a.1 amended under 4 Pa.C.S. §  1202(b)(30) and 1207(2) and (9).

Source

   The provisions of this §  407a.1 amended February 1, 2013, effective February 2, 2013, 43 Pa.B. 660. Immediately preceding text appears at serial page (339573).

§ 407a.2. Minutes of public meeting and annual report.

 Minutes of the public meeting and annual reports will be available for public inspection upon request to the Secretary during normal Board business hours. Copies will be provided upon request and payment of the cost for copying as the Board may establish through a schedule published in the Pennsylvania Bulletin.

§ 407a.3. Confidential information.

 (a)  Confidential information may include background investigation information, including information provided under section 1310(a) of the act (relating to slot machine license application character requirements), submitted in connection with an application required for the issuance of any license, permit, certification or registration under this part, discovery procedures, or cross-examination or that is provided as a courtesy to a party in a formal proceeding received by the Board or the Department as well as records obtained or developed by the Board or the Department as part of an investigation related to an applicant for or holder of a license, permit, certification or registration containing any of the following:

   (1)  Personal information, including home addresses, telephone numbers, Social Security numbers, educational records, memberships, medical records, tax returns and declarations, actual or proposed compensation, financial account records, credit-worthiness or financial condition relating to an applicant, licensee or permittee or the immediate family thereof.

   (2)  Documents and information relating to proprietary information, trade secrets, patents or exclusive licenses, architectural and engineering plans and information relating to competitive marketing materials and strategies which may include customer-identifying information or customer prospects for services subject to competition.

   (3)  Security information including risk prevention plans, detection and countermeasures, emergency management plans, security and surveillance plans, equipment and usage protocols and theft and fraud prevention plans and countermeasures.

   (4)  Information with respect to which there is a reasonable possibility that public release or inspection of the information would constitute an unwarranted invasion into personal privacy as determined by the Board.

   (5)  Records or information that is designated confidential by statute or the Board.

   (6)  Records of an applicant or licensee not required to be filed with the SEC by issuers that either have securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C.A. §  781) or are required to file reports under section 15(d) of that act (15 U.S.C.A. §  78o(d)).

   (7)  Records considered nonpublic matters or information by the SEC as provided by 17 CFR 200.80 (relating to commission records information).

   (8)  Information obtained about an applicant for or holder of a license, permit, certification or registration as a result of a release executed by the individual at the request of the Bureau or the Board.

 (b)  Confidential information may be released by the Board under the following circumstances:

   (1)  To State or Federal law enforcement agencies or entities upon approval of the Attorney General or pursuant to a lawful order issued by court of competent jurisdiction.

   (2)  To the public, in whole or in part, if one of the following occurs:

     (i)   Upon written request from the applicant or holder of a license, permit, certification or registration, to the extent that the information does not contain otherwise confidential information about another person.

     (ii)   If the information subsequently becomes a part of the public domain by an action by the applicant or holder of a license, permit, certification or registration.

   (3)  To a person with the written consent of the applicant or holder of a license, permit, certification or registration.

Authority

   The provisions of this §  407a.3 amended under 4 Pa.C.S. § §  1202(b)(30), 1311, 1311.1, 1311.2, 1317, 1317.1, 1318 and 1517.

Source

   The provisions of this §  407a.3 amended November 7, 2008, effective November 8, 2008, 38 Pa.B. 6150. Immediately preceding text appears at serial pages (328472) to (328473).

Cross References

   This section cited in 58 Pa. Code §  441a.7 (relating to licensing hearings for slot machine licenses); 58 Pa. Code §  491a.8 (relating to hearings generally); and 58 Pa. Code §  493a.10a (relating to motions to protect confidential information).



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