Administrative Code

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Virginia Administrative Code
Title 7. Economic Development
Agency 13. Department Of Small Business And Supplier Diversity
Chapter 20. Regulations to Govern the Certification of Small, Women-Owned, and Minority-Owned Businesses
1/28/2022

7VAC13-20-20. Confidentiality.

A. The department shall take necessary steps to ensure the confidentiality of documents submitted in support of an application for certification that are not public records within the definition of the Virginia Freedom of Information Act (§ 2.2-3700 et seq. of the Code of Virginia).

B. Any financial records of a business, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, or trade secrets as defined in the Uniform Trade Secrets Act (§ 59.1-336 et seq. of the Code of Virginia), provided to the department as part of any application for certification or recertification as a small, women-owned or minority-owned business are excluded from the provisions of the Virginia Freedom of Information Act pursuant to § 2.2-3705.6 of the Code of Virginia, but may be disclosed by the department in its discretion where such disclosure is not prohibited by law.

C. In order for such financial records or trade secrets to be excluded from the Virginia Freedom of Information Act, the business shall (i) invoke such exclusion upon submission of data or other materials for which protection from disclosure is sought; (ii) identify the data or other materials for which protection is sought; and (iii) state the reason why protection is necessary.

Statutory Authority

§ 2.2-1606 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 32, Issue 25, eff. August 8, 2016.

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