Section 130.210  State Agency Actions Following a Negative Determination

a)         If the State agency determines that an article, or any page or portion thereof, does not meet the standards specified in Section 130.208(a)(1) or (2), the State agency must deny the claim for trade secret  protection for the article or page or portion thereof, and must give written notice of the determination to the owner of the article and any requester under subsection (b).

b)         Written notice that the State agency denied a claim for trade secret protection must be given by certified mail, return receipt requested, and must contain the following information:

1)         A statement of the State agency's reasoning for denying the claim;

2)         A notification that the State agency determination may be reviewed under Section 130.214; and

3)         A notification that the State agency will cease protecting the article, or the page or portion thereof, as a trade secret unless the State agency is served with notice of the filing of a petition for review of the State agency's determination within 35 days after service of the notice of denial on the owner and any requester.

c)         If the State agency is served with notice of the filing of a petition for review of its determination within 35 days after service of the notice of denial on the owner and any requester, the State agency must notify the requester of the action and must continue to protect the article, or the page or portion thereof, under  Subpart C until the State agency receives official notification of a final order by a reviewing body with proper jurisdiction that does not reverse the State agency determination and that is not subject to further appeal.

d)         If the State agency does not receive the notification of a petition for review within 35 days after service of the notice of denial on the owner and any requester or does receive official notification of a final, non-appealable action that does not reverse the State agency determination, the article will not be protected under Subpart C and the State agency must so notify the owner and any requester by certified mail, return receipt requested.

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