53B-16-302 - Records that may be classified as restricted.
53B-16-302. Records that may be classified as restricted.
A public institution of higher education may classify only the following records asrestricted:
(1) that portion of a technology transfer record or sponsored research record to whichaccess must be restricted for the purpose of securing and maintaining proprietary protection ofintellectual property rights, including but not limited to patents, copyrights, trademarks, and tradesecrets; or
(2) that portion of a technology transfer record or sponsored research record to whichaccess is restricted for competitive or proprietary purposes, as a condition of actual or potentialparticipation in a sponsored research or technology transfer agreement; provided, however, thatupon receipt of a written request for a reasonably identifiable record, the public institution ofhigher education shall disclose:
(a) prior to a memorandum of intent to contract or an agreement in principle between theparties:
(i) the names of the parties, or, if the disclosure of names would cause competitive harm,a general description of the type of parties negotiating the technology transfer or sponsoredresearch agreement; and
(ii) a general description of the nature of the technology transfer or sponsored researchunder consideration, excluding proprietary or competitive information; or
(b) after a memorandum of intent to contract or an agreement in principle between theparties:
(i) the names of the parties involved in the technology transfer or sponsored research;
(ii) a general description of the nature of the technology transfer or sponsored research tobe conducted, excluding proprietary or competitive information; and
(iii) records of the technology transfer or sponsored research to be conducted, excludingthose portions of records to which access is limited under this part or Title 63G, Chapter 2,Government Records Access and Management Act.
Amended by Chapter 382, 2008 General Session