Section 130.218  Status of Article Determined or Claimed to Represent a Trade Secret Before January 1, 2001

a)         Any article that was determined by a State agency before January 1, 2001 to represent a trade secret in accordance with State agency procedures adopted under the IAPA will be deemed to have been determined to represent a trade secret for the purposes of this Part.  The State agency must protect the article in accordance with Subpart C.

b)         If a State agency possesses an article that was claimed before January 1, 2001 to represent a trade secret and the State agency did not determine before January 1, 2001 whether the article represents a trade secret in accordance with procedures adopted under the IAPA, the article is deemed to have been claimed to represent a trade secret for the purposes of this Part.  These claims are deemed pending with unlimited waivers of any deadlines for decision.

(Source:  Amended at 41 Ill. Reg. 10190, effective July 5, 2017)