(a) Except as provided in subsection (b) of this section, all information submitted to the Commission under §§12.25-12.27, this section, and §§12.29-12.33 of this title (relating to Exemption for Coal Extraction Incidental to the Extraction of Other Minerals) shall be made immediately available for public inspection and copying at the Division's central and local offices closest to the mining operations claiming exemption until at least three years after expiration of the period during which the subject mining area is active.
(b) The Commission may keep information submitted to the Commission under this part confidential if the person submitting it requests in writing, at the time of submission, that it be kept confidential and the information concerns trade secrets or is privileged commercial or financial information of the persons intending to conduct operations under §§12.25-12.27, this section, and §12.29-12.33 of this title.
(c) Information requested to be held as confidential under subsection (b) of this section shall not be made publicly available until after notice and opportunity to be heard is afforded persons both seeking and opposing disclosure of the information.

Source Note: The provisions of this §12.28 adopted to be effective November 4, 1997, 22 TexReg 10640.