Is a certification packet subject to the Freedom of Information Act (FOIA)?
Yes. A certification packet submitted to the Department may be subject to the FOIA. If an applicant agencys packet contains proprietary information which should not be disclosed, please label each page of this information as “Proprietary.” Common examples of proprietary information include a business plan, audited financial report, and other types of information that would not ordinarily be publicly disclosed. The Office of the General Counsel of the Department will make the final determination whether the information qualifies as proprietary but, if no pages are labeled, the application in its entirety is subject to release under FOIA.
