1997 Minnesota Statutes

     114C.26 Access to documents. 

    Subdivision 1.    Public access.  The state may not 
 request, inspect, or seize a final audit report, draft audit 
 papers, a self-evaluation form, the notes or papers prepared by 
 the auditor or the person conducting the self-evaluation in 
 connection with the audit or self-evaluation, or the internal 
 documents of a regulated entity establishing, coordinating, or 
 responding to the audit or self-evaluation, other than the 
 report required in section 114C.22, subdivision 2, except in 
 accordance with the agency's policy on environmental auditing, 
 as adopted by the agency on January 24, 1995. 

    Subd. 2.    Third-party access.  After receipt by the 
 commissioner of a report that complies with section 114C.22, 
 subdivision 2, the final audit report, draft audit reports, the 
 self-evaluation form, any notes or papers prepared by the 
 auditor or by the person conducting the self-evaluation in 
 connection with the audit or self-evaluation, and the internal 
 documents of a regulated entity establishing, coordinating, or 
 responding to the audit or self-evaluation covered by the report 
 are privileged as to all persons other than the state provided 
 that the regulated entity is in compliance with its commitments 
 under sections 114C.22 and 114C.23. 

    Subd. 3.    Nonwaiver of protections.  Participation by 
 a regulated entity in the environmental improvement program does 
 not waive, minimize, reduce, or otherwise adversely affect the 
 level of protection or confidentiality that exists, under 
 current or developing common or statutory law, with respect to 
 any other documents relating to an environmental audit or 
 self-evaluation. 

    HIST: 1995 c 168 s 15; 1996 c 437 s 24 

*   NOTE:  See section 114C.30 for repealer.