# COMAR Title 26 — Department of the Environment

## Subtitle 20 — Surface Coal Mining and Reclamation Under Federally Approved Program

### Chapter 08 — Prospecting

#### Regulation .05 Public Availability of Information.

*COMAR 26.20.08.05*

A. Except as provided in §B of this regulation, all information submitted to the regulatory authority under this chapter shall be made available for public inspection and copying at the local offices of the regulatory authority closest to the exploration area.

B. The regulatory authority may 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 regulatory authority determines that the information is confidential.

C. The regulatory authority shall determine that information is confidential 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.

D. Information requested to be held as confidential under this regulation may not be made publicly available until after notice and opportunity to be heard is afforded both persons seeking and opposing disclosure of the information.