§ 95-197. Withholding hazardous substance trade secret information.
§95‑197. Withholding hazardous substance trade secret information.
(a) An employer whobelieves that all or any part of the information required under G.S. 95‑191,95‑192, 95‑194(b) or 95‑194(d) is a hazardous substance tradesecret may withhold the information, provided that (i) hazard information onchemicals the identity of which is claimed as a hazardous substance tradesecret is provided to the Fire Chief who shall hold it in confidence and (ii)the employer claims that the information is a hazardous substance trade secret.
(b) Any person in NorthCarolina may request in writing that the Commissioner of Labor review in cameraan employer's hazardous substance trade secret claim. If the Commissioner ofLabor finds that the claim is other than completely valid, this finding shallbe appealable under subsection (d) of this section. If the Commissioner ofLabor finds that the claim is valid, he shall then determine whether thenonconfidential information is sufficient for the Fire Chief to fulfill the responsibilitiesof his office. If the Commissioner of Labor finds that the information is notsufficient, he shall direct the employer to supplement the information withsuch other information as will provide the Fire Chief with sufficientinformation to fulfill the responsibilities of his office, but this findingshall be appealable under subsection (d) of this section.
(c) The Commissioner ofLabor and the Fire Chief shall protect from disclosure any or all informationcoming into either or both of their possession when such information is markedby the employer as confidential, and they shall return all information somarked to the employer at the conclusion of their determination by theCommissioner of Labor. Any person who has access to any hazardous substancetrade secret solely pursuant to this section and who discloses it knowing it tobe a hazardous substance trade secret to any person not authorized to receiveit shall be guilty of a Class I felony, and if knowingly or negligentlydisclosed to any person not authorized, shall be subject to civil action fordamages and injunction by the owner of the hazardous substance trade secret,including, without limitation, actions under Article 24 of Chapter 66 of theGeneral Statutes.
(d) The employer, FireChief, or person making the original request who is an aggrieved party shallhave 30 days after receipt of notification by the Commissioner of his findingsunder subsection (b) to request an administrative hearing on thedetermination. Any such hearing shall be held in a manner similar to thatprovided for in G.S. Chapter 150B, Article 3 and the decision upon the requestof any aggrieved party shall be subject to the judicial review provided for byG.S. Chapter 150B, Article 4, provided that these administrative and judicialhearings shall be conducted in camera to assure the confidentiality of theinformation being reviewed. (1985, c. 775, s. 1; 1987, c.827, s. 1; 1993, c. 539, s. 1290; 1994, Ex. Sess., c. 24, s. 14(c).)