SECTION 460:20-13-8. Public availability of information

(a)   Except as provided in Subsection(b) of this Section all information submitted to the Department under this Subchapter shall be made available for public inspection and copying at the offices of the Department.

(b)   

(1)   The Department shall not make information available for public inspection, if the person submitting it requests in writing, at the time of submission, that it not be disclosed and the Department determines that the information is confidential.

(2)   The Department shall determine that information is confidential only if it concerns trade secrets or is privileged commercial or financial information which relates to the competitive rights of the person intending to conduct coal exploration.

(c)   Information requested to be held as confidential under this Section shall not be made publicly available until notice and opportunity to be heard is afforded both persons seeking and opposing disclosure of the information.