Sec. 938.7. Public disclosure of exemption-related information

(a) The commission shall publicly disclose the fact that a client filer has submitted one or more applications for an exemption or that one or more of a client filer’s requests for an exemption has been granted or denied. Information submitted in connection with an application for exemption or in support of an appeal from a denial of an exemption shall be publicly disclosed. Notwithstanding the foregoing, Executive Law section 94(19)(a)(5), Legislative Law section 1-s, and any corresponding regulations, the commission may, in its discretion, grant a request from a client filer to keep confidential certain exemption-related information when particular circumstances merit confidential treatment of such information, including, but not limited to, an ongoing investigation by a governmental body or an unwarranted invasion of personal privacy. The commission may, nevertheless, disclose such information:

(1) to the judicial hearing officer assigned to an appeal of a determination under section 938.4(a) of this Part;

(2) to a court in a judicial review; or

(3) in response to any subpoena or court order.