§ 23-1-50 - Public Records – Exemption – Requirements.
SECTION 23-1-50
§ 23-1-50 Public Records – Exemption– Requirements. – (a) The department of health shall deem all application filings forcertification, re-certification, and material modification, and correspondencedirectly related to those application filings, submitted under the provisionsof chapters 17.12 and 17.13 of this title and chapter 41 of title 27, to be"public records" as defined in § 38-2-2(4). Entities or agents certifiedunder one or more of these statutes may request that certain portions of theirapplication filings, or correspondence directly related to their applicationfilings, be regarded as exempt from public disclosure, but may do so only byclaiming one or more of the specific grounds delineated in § 38-2-2(4).
(b) For each document or for each portion of a documentrequested to be exempt from public disclosure, the certified entity or agentmust specify the specific exemption claimed and the rationale for theexemption. Each specific exemption and the rationale for it shall themselves bepublic documents. The department shall determine which of the documents, orparts of the documents, for which an exemption is sought shall be publicrecords and which shall be exempt from the disclosure required by chapter 2 oftitle 38.
(c) Each application filing for certification,re-certification, or material modification submitted under the provisions ofchapters 17.12 and 17.13 of this title and chapter 41 of title 27, and forwhich an exemption is sought, shall be made in three (3) parts:
(1) Part One shall be a complete application filing with nomaterials to be deleted. This part shall be for the official use of thedepartment as appropriate.
(2) Part Two shall be a complete application filing, exceptthat it shall not include those parts of the application filing which thefiling party has claimed and the department determined to be exempt from thedisclosure required by chapter 2 of title 38.
(3) Part Three of the application filing shall include thoseitems and information requested to be excluded from the disclosure required bychapter 2 of title 38 with a delineation of the specific exemption and criteriaclaimed under § 38-2-2(4) and the application filing's rationale for eachspecific exemption claimed.
(d) All application filings for certification,re-certification, or material modification submitted under the provisions ofchapters 17.12 and 17.13 of this title and chapter 41 of title 27 that are notmade consistent with the three (3) part form described in subsection (c) shall,except as otherwise prohibited by state or federal law, be deemed "publicrecords" under the provisions of chapter 2 of title 38.