Section 50. Application of exemption to the Virginia Freedom of Information Act

Pursuant to subdivision 12 of § 2.2-3705.5 of the Virginia Freedom of Information Act, Chapter 37 (§ 2.2-3700 et seq.) of Title 2.2 of the Code of Virginia, records submitted to the advisory board as a grant application, or accompanying a grant application, pursuant to Article 12 (§ 51.5-178 et seq.) of Chapter 14 of Title 51.5 of the Code of Virginia and this chapter are excluded from the requirement of open inspection to the extent that they contain medical or mental health records or other data identifying individual patients, or proprietary business or research-related information produced or collected by an applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, or scholarly issues. This exemption shall apply when the information has not been publicly released, published, copyrighted, or patented, if the disclosure of the information would be harmful to the competitive position of the applicant. The advisory board intends to rely upon this exemption in order to encourage the submission of applications.

Historical Notes

Former 12VAC5-185-50 derived from Volume 17, Issue 09, eff. February 14, 2001; amended and adopted as 22VAC30-50-50, Virginia Register Volume 19, Issue 09, eff. February 13, 2003; amended, Virginia Register Volume 25, Issue 24, eff. September 3, 2009; Volume 33, Issue 02, eff. October 19, 2016.

Statutory Authority

§§ 51.5-131 and 51.5-181 of the Code of Virginia