A. Prior to making any documents available to the Commission’s legal counsel or designated agent, the applicant or licensee may designate any document it believes to contain confidential information as subject to a confidentiality claim by so marking the document prior to providing a copy of the document to the Commission’s legal counsel or designated agent.

B. Documents provided to the Commission’s legal counsel or designated agent which have been marked in accordance with subsection (A) of this section, and any nonpublic information contained within the document, shall not be made a part of the public record of the Commission proceedings otherwise disclosed by the Commission to any person (except as may be required under any applicable law, rule, regulation, court or administrative order, or the compact), without first providing the applicant or licensee with the opportunity to seek a ruling by the Commission that the document or nonpublic information contained therein should not be made public. The request for such a ruling and any discussions relating to the document shall be heard and ruled upon by the Commission in an executive session meeting. If the request for such a ruling is made during a public hearing session, the hearing session shall be adjourned and the Commission shall conduct an executive session meeting in order to hear and rule upon the applicant’s or licensee’s request. The applicant or licensee may present to the Commission in executive session written and oral argument regarding the confidentiality claim, along with any facts the applicant or licensee believes to be relevant to such argument.

C. In determining whether a document marked in accordance with subsection (A) of this section should be made part of the public record of the Commission proceedings on the application, the Commission will balance the applicant’s claimed confidentiality concerns against the materiality of the information to the application, the public’s right to be made aware of the information, and the Commission’s need to make the information part of the public record in order to remain fully accountable for the licensing decision. In making this determination, the Commission shall consider all facts and circumstances relevant to making a proper ruling.

D. In the event that the Commission rules during executive session that the document in question and/or information contained therein should be made part of the public record of the Commission’s proceedings on the application, the document and/or information contained therein will be made part of the public record unless the applicant withdraws the document from the Commission’s possession. In the event the applicant chooses to withdraw the document from the Commission’s possession, the Commission will then weigh the withdrawal along with the other evidence in making its determination on the application. Withdrawal of documents from the application process shall be looked upon by the Commission with disfavor, and, depending on the facts and circumstances, the Commission may deem the withdrawal of any document to be sufficient cause in and of itself for denial of the license.

E. In the event that the Commission rules during executive session that the document and/or information contained therein should not be made part of the public record, the document shall be designated “Confidential” and will not be made part of the public record. The Commission may consider the document and information contained therein in-camera in making its determination on the application.

F. At the conclusion of the Commission proceedings on the license application, the Commission will return to the applicant all documents marked as “Subject to a Confidentiality Claim” pursuant to subsection (C) of this section that were not (1) made part of the public record of the gaming license application or (2) designated as “Confidential” and considered by the Commission in-camera. ONCA 07-09, eff. Dec. 8, 2006; ONCA 10-73, eff. Oct. 5, 2010; ONCA 11-09, eff. Feb. 11, 2011.