New Jersey § 13:1k-29

§ 13:1k-29.

a. The department shall, pursuant to regulation, adopt principles, guidelines, and

procedures governing the internal management of confidential information supplied

to the department pursuant to this act. The regulations shall provide that information obtained pursuant to this act shall

be disclosed only to its employees or agents to assist in enforcing the provisions

of this act, or for use in a civil or criminal proceeding, if so ordered by a court,

and shall include, but not be limited to requirements: (1) that all confidential

information supplied pursuant to this act be labeled as such by the facility owner;

(2) that receipt of such labeled information be acknowledged in writing by an authorized

employee of the department; (3) that the department establish a review procedure

by which only specifically designated personnel be authorized access to such information

and then only on a “need-to-know” basis; and (4) that the department establish secure

areas for the express purpose of storage of such confidential information. b. The owner of a facility who alleges that certain information required to be disclosed

pursuant to this act contains or relates to a trade secret or constitutes security

information which, notwithstanding the management procedures for such information

adopted by the department pursuant to subsection a. of this section, must be kept

privileged so as not to competitively disadvantage the facility, or compromise the

security of the facility or its operations, shall petition the commissioner for the

right to withhold the information. Upon receipt of the petition, the commissioner shall review the matter. If the commissioner, in his discretion, denies the petition, he shall, at the request

of the facility owner, transmit all relevant information to the Office of Administrative

Law, which shall conduct a hearing on the claim pursuant to the provisions of P.L.1978,

c. 67 ( C. 52:14F-1 et seq. ). At the hearing, the petitioner shall have the burden to show that the trade secret

or security risk claim is valid. This hearing shall be an adjudicatory proceeding, and shall be conducted as a contested

case pursuant to the “Administrative Procedure Act,” P.L.1968, c. 410 ( C. 52:14B-1 et seq. ).