A systematic examination of financial by 0T0N83

VIEWS: 0 PAGES: 37

									          GRAMA



GOVERNMENT RECORDS ACCES AND
      MANAGEMENT ACT

        Effective July 1, 1992
                           GOVERNMENT RECORDS ACCESS
                              AND MANAGEMENT ACT
                                      Effective July 1, 1992

                                       Table of Contents

PART 1. GENERAL PROVISIONS ………………………………………………………………………………………………….…………..1
       63-2-101. Short title …………………………………………………………………………………………………………………..1
       63-2-102. Legislative intent ………………………………………………………………………………………….…………….1
       63-2-103 Definitions …………………………………………………………………………………………………………………..1
       63-2-104 Administrative Procedures Act not applicable ………………………………………………….…………3
       63-2-105 Confidentiality agreements ………………………………………………………………………………..……….3

PART 2. ACCESS TO RECORDS…………………………………………………………………………………………….…………………..3
       63-2-201. Right to inspect records and receive copies of records ……………………………………………….3
       63-2-202. Access to private, controlled, and protected documents……………………………………………4
       63-2-203. Fees ……………………………………………………………………………………………………………….…………..5
       63-2-204. Request – Time limit for response and extraordinary circumstances ………….………………5
       63-2-205. Denials …………………………………………………………………………………………………………….…………6
       63-2-206. Sharing records …………………………………………………………………………………………………….…...6
       63-2-207. Subpoenas …………………………………………………………………………………………….……………………7

PART 3. CLASSIFACATOIN ……………………………………………………………………………………………………………………….7
       63-2-301. Records that must be disclosed ………………………………………………………………………………….7
       63-2-302. Private records ……………………………………………….………………………………………………………….8
       36-2-303 Controlled Record……………………..…………………………………………………………………………………9
       63-2-304. Protected records ………………………………………………………………………………………………………9
       63-2-305. Procedure to determine classification ………………………………………………………………………11
       63-2-306. Duty to evaluate records and make designations and classifications ……………………….11
       63-2-307. Segregation of records ……………………………………………………………………………………………..11
       63-2-308. Business confidentiality claims …………………………………………………………………………………11

PART 4. APPEALS ………………………………………………………………………………………………………………………………….11
       63-2-401. Appeal to head of governmental entity …………………………………………………………..………11
       63-2-402. Option for appealing a denial ………………………………………………………………………..…………12
       63-2-403. Appeals to the records committee …………………………………………………………………………..12
       63-2-404. Judicial review ………………………………………………………………………………………………………….13
       63-2-405. Confidential treatment of records for which no exemption applies ………………………..14

PART 5. STATE RECORDS COMMITTEE ………………………………………………………………………………………………….14
       63-2-501. State Records Committee created – Membership………………………………………….…………14
       63-2-502. State Records Committee – Duties ………………………………………………………………..…………14

PART 6. ACCURACY OF RECORDS ………………………………………………………………………………………………………….15
       63-2-601. Right of individuals on whom data is maintained …………………………………………..……….15
       63-2-602. Disclosure to subject of records – Context of use …………………………………………………….15
       63-2-603. Requests to amend a record – Appeals ……………………………………………….……………………15
PART 7. APPLICABILITY TO POLITCAL SUBDIVSIONS, THE JUDICIARY, AND THE LEGISLATURE …………..…..15
       63-2-701. Political subdivision to enact ordinances in compliance with chapter ………………………15
       63-2-702. Applicability to judiciary …………………………………………………………………………..………………16
       63-2-703. Applicability to the Legislature …………………………………………………………………………………16

PART 8. REMEDIES …………………………………………………………………………………………………………………..……………17
       63-2-801. Criminal penalties …………………………………………………………………………………………………….17
       63-2-802. Injunction – Attorney’s fees ……………………………………………………………………….………….17
       63-2-803. No liability for certain decisions of a governmental entity …………………………..…………17
       63-2-804. Disciplinary action ……………………………………………………………………………………………………17

PART 9. ARCHIVES AND RECORDS SERVICE …………………………………………………………………………………………..17
       63-2-901. Division of Archives and Records Service created – Duties ……………………………………….17
       63-2-902. State archivist – Duties …………………………………………………………………………………………….18
       63-2-903. Duties of governmental entities ………………………………………………………………….…………...18
       63-2-904. Rulemaking authority …………………………………………………………………………………….…………18
       63-2-905. Records declared property of the state – Disposition ……………………………………..……….19
       63-2-906. Certified and micro photographed copies ………………………………………………………………..19
       63-2-907. Right to replevin …………………………………………………………………………………………….………..19
       63-2-908. Report on management of government records …………………………………………..…………19
       63-2-909. Records made public after 75 years ……………………………………………………………..………….19

UTAH GOVERNEMTNAL IMMUNITY ACT ………………………………………………………………………….………………….19
      63-30-10.6. Attorneys’ fees for records requests ……………………………………………………………………..19

UTAH ADMINISTRATIVE PROCEDURES ACT …………………………………………………………………………………………19
      63-46B-1. Scope and applicability of chapter …………………………………………………………………………..19
 GOVERNMENT RECORDS ACCESS
                                                      63-2-103. Definitions
    AND MANAGEMENT ACT                                As used in this chapter:
                                                      (1) “Audit” means:
        PART 1. GENERAL PROVISIONS                             a. A systematic examination of
                                                                   financial, management, program,
63-2-101. Short title.                                             and related records for the purpose
This chapter is known as the “Government                           of determining the fair presentation
Records Access and Management Act.”                                of financial statements, adequacy
(1) In enacting this act, the Legislature                          of internal controls, or compliance
    recognizes two constitutional rights:                          with laws and regulations; or
          a. The public’s right of access to                   b. A systematic examination of
              information concerning the conduct                   program procedures and operations
              of the public’s business, and                        for the purpose of determining
          b. The right of privacy in relation to                   their effectiveness, economy,
              personal data gathered by                            efficiency, and compliance with
              governmental entities.                               statutes and regulations.
(2) The Legislature also recognizes a public          (2) “Chronological logs” mean the regular and
    policy interest in allowing a government to           customary summary records of law
    restrict aces to certain records, as specified        enforcement agencies and other public
    in this chapter, for the public good.                 safety agencies that show the tie and
(3) It is the intent of the Legislature to:               general nature of police, fire and paramedic
          a. Promote the public’s right of easy           call made to the agency and any arrests or
              and reasonable access to                    jail bookings made by the agency.
              unrestricted public records;            (3) “Classification,” “classify,” and their
          b. Specify those conditions under               derivative forms mean determining
              which the public interest in allowing       whether a records series, record, or
              restrictions on access to records           information within a records is public,
              may outweigh the public’s interest          private, controlled, protected, or exempt
              in access.                                  from disclosure under Section 36-2-201
          c. Prevent abuse of confidentiality by          (3)(b).
              governmental entities by permitting     (4) a. “Computer program” means a series of
              confidential treatment of records           instructions or statements that permit the
              only as provided in this chapter;           functioning of a computer system in a
          d. Provide guidelines for both                  manner functioning of a computer system
              disclosure and restrictions on              in a manner designed to provide storage,
              access to government records,               retrieval, and manipulation of data from the
              which are based on the equitable            computer system, and any associated
              weighing of the pertinent interests         documentation and source material that
              and which are consistent with               explain how to operate the computer
              nationwide standards of                     program.
              information practices;                               b. “Computer program” does not
          e. Favor public access when, in the                           mean:
              application of this act,                                       i. The original data,
              countervailing interests are of equal                             including numbers,
              weigh; and                                                        text, voice, graphics,
          f. Establish fair and reasonable                                      and images;
              records management practices.
                         ii. Analysis, compilation,                  and state treasurer, the Board of
                             and other manipulated                   Pardons, the Board of Examiners,
                             forms of the original                   the National Guard, the Career
                             data produced by use                    Service Review Board, the State
                             of the program; or                      Board of Education, the State Board
                        iii. The mathematical or                     of Regents, and the State Archives;
                             statistical formulas          (ii)      the Office of the Legislative Auditor
                             (excluding the                          General, Office of the Legislative
                             underlying                              Fiscal Analyst, Office of Legislative
                             mathematical                            Research and General Counsel, the
                             algorithms contained in                 Legislature, and legislative
                             the program) that                       committees, except any political
                             would be used if the                    party, group, caucus, or rules or
                             manipulated forms of                    sifting committee of the Legislature;
                             the original data were        (iii)     courts, the Judicial Council, the
                             to be produced                          Office of the units in the judicial
                             manually.                               branch;
(5)   a. “Contractor” means;                               (iv)      any state-funded institution of
      (i) any person who contracts with a                            higher education or public
      governmental entity to provide goods or                        education; or
      services directly to a governmental entity;          (v)       any political subdivision of the
      or                                                             state, but, if a political subdivision
      (ii) analysis, compilation, and other                          has adopted an ordinance or a
      manipulated forms of the original data                         policy relating to information
      produced by use of the program; or                             practices pursuant to Section 63-2-
           b. “contractor” does not mean a                           701, this chapter shall apply to the
                private provider.                                    political subdivision to the extent
(6)   “Controlled record” means a record                             specified in Section 63-2-701 or as
      containing data on individuals that is                         specified in any other section of this
      controlled as provided by Section 36-2-303.                    chapter that specifically refers to
(7)   “Designation,” “designate,” and their                          political subdivisions.
      derivative forms mean indicating, based on           b. “Governmental entity” also means
      a governmental entity’s familiarity with a           every office, agency, board, bureau,
      record series or based on a governmental             committee, department, advisory board or
      entity’s review of a reasonable sample of a          commission of the entities listed in
      record series, the primary classification that       Subsection (9)(a) that is funded or
      a majority of records in a record series             established by the government to carry out
      would be given if classified and the                 the public’s business.
      classification that other records typically      (10) “Gross compensation” means every form
      present in the record series would be given             of remuneration payable for a given
      if classified.                                          period to an individual for services
(8)   “Government audit agency” mean any                      provided including salaries, commissions,
      governmental entity that conducts audits.               vacation pay, severance pay, bonuses,
(9)   a. “Governmental entity: mean:                          and any board, rent housing, loading,
      (i)       executive department agencies of              payment sin kind, and any similar benefit
                the state, the offices of the                 received from the individual’s employer.
                governor, lieutenant governor,         (11) a. “Initial contact repot” means and initial
                state auditor, attorney, general,                written or recorded report, however
          titled, prepared by peace officers             (17) “Public record” means a record that is not
          engaged in public patrol or response                  private, controlled, or protected and that
          duties describing official actions initially          is not exempt from disclosure as
          taken in response to either a public                  provided in Subsection 63-2-201 (3)(b).
          complaint about or the discovery of an         (18) a. “Record” means all books, letters,
          apparent violation of law, which report               documents, papers, maps, plans,
          may describe;                                         photographs films, cards, tapes,
     (i) the date, time, location, and nature of                recordings, electronic data, or other
          the complaint, the incident, or offense;              documentary materials regardless of
     (ii) names of victims;                                     physical form or characteristics:
     (iii) the nature or general scope of the                 (i) Which are prepared, owned, received
          agency’s initial actions in response to               or retained by a governmental entity or
          the incident;                                         political subdivision; and
     (iv) the general nature of any injuries or               (ii) materials that are legally owned by an
          estimate of damages sustained in the                  individual in his private capacity;
          incident;                                           (iii) materials to which access is limited
     9v0 the name, address, and other                           by the laws of copyright or patent unless
          identifying information about any                     the copyright or patent is owned by a
          person arrested or charged in                         governmental entity or political
          connection with the incident;                         subdivision;
     (vi) the identity of the public safety                   (iv) proprietary software;
          personnel (except undercover                        (v) junk mail or commercial publications
          personnel) or prosecuting attorney                    received by a governmental entity or an
          involved in responding to the initial                 official or employee of a governmental
          incident.                                             entity;
   b. Initial contact reports do not include                  (vi) books and other materials that are
        follow-up or investigative reports                      cataloged, indexed, or inventoried and
        prepared after the initial contact report,              contained in the collections of libraries
        however, fit eh information specified in                open to the public, regardless of physical
        Subsection (a) appears in follow0up or                  form or characteristics of the material;
        investigative reports, it may be treated              (vii) daily calendars and other personal
        confidentially if it is private, controlled,            notes prepared by the originator for the
        protected, or exempt from disclosure                    originator’s personal use or for the
        under Section 63-2-201 (3)(b).                          personal use of an individual for whom
(12) “Individual” means a human being.                          he is working;
(13) “Person” means any individual, nonprofit                 (viii) computer programs as defined in
        or profit corporation, partnership, sole                Subsection (4) that are developed or
        proprietorship, or other type of business               purchased by or for any governmental
        organization.                                           entity for its own use; or
(14) “Private record” means a record                          (ix) notes or internal memoranda
        containing data on individuals that is                  prepared as part of the deliberative
        private as provided by Section63-2-302.                 process by a member of the judiciary, an
(15) “Private provider” means any person who                    administrative law judge, a member of
        contracts with a governmental entity to                 the Board of Pardons, or a member of
        provide services directly to the public.                any other body charged by law with
(16) “Protected record” means a record that is                  performing a quasi-judicial function.
        classified protected as provided by              (19) “Record series” means a group of records
        Section 36-2-201 (3)(b).                                that may be treated as a unit for
       purposes of designation, description,         shall govern access to the record, unless all
       management, or disposition.                   parties to the confidentiality agreement agree
(20) “Records committee” means the State             in writing to be governed by the provisions of
       Records Committee created in Section          this chapter.
       63-2-501.
(21) “Records officer” means the individual                   PART 2. ACCESS TO RECORDS
       appointed by the chief administrative
       officer of each governmental archives in      36-2-201. Right to inspect records and receive
       the care, maintenance, scheduling,            copies of records.
       designation, classification, disposal, and    (1) Every person has the right to inspect a
       preservation of records.                          public record free of charge, and the right
(22) “Schedule,” “scheduling,” and their                 to take a copy of a public record during
       derivative forms mean the process of              normal working hours, subject to Sections
       specifying the length of time each record         36-2-203 and 63-2-204.
       series should e retained by a                 (2) All records are public unless otherwise
       governmental entity for administrative,           expressly provided by statute.
       legal, fiscal, or historical purposes and     (3) The following records are not public;
       when each record series should be                 (a) records that are private, controlled, or
       transferred to the state archives or              protected under Section 36-2-302, 63-2-
       destroyed.                                        303, 63-2-304; and
(23) “State archives” means the division of              (b) records to which access is restricted
       Archives and Records Service created in           pursuant to court rule, another state
       Section 36-2-901.                                 statute, federal statute, or federal
(24) “State archivist” means the director of the         regulation, including records for which
       state archives.                                   access is governed or restricted as a
(25) “Summary data” means statistical records            condition of participation in a state or
       and compilations that contain data                federal program or for receiving state or
       derived from private, controlled, or              federal funds.
       protected information but that do not         (4) Only those records specified in Sections 63-
       disclose private, controlled, or protected        2-302, 63-2-303, or 63-2-304 may be
       information.                                      classified private, controlled, or protected.
                                                     (5) (a) A governmental entity may not
63-2-104. administrative Procedures Act not              disclose a record that is private, controlled,
      applicable.                                        or protected to any person except as
Chapter 46b, Title 63, Administrative                    provided in Subsection (5)(b), or Section 63-
      Procedures Act, does not apply to this             2-206.
      chapter except as provided in Section
      63-2-603.                                          (b) A governmental entity may, at its
                                                         discretion, disclose records that are private
36-2-105. Confidentiality agreements.                    under Subsection 36-2-302(2) or protected
If a governmental entity or political subdivision        under Section 36-2-304 to persons other
receives a request for a record that is subject to       than those specified in 36-2-202 or 63-2-
a confidentiality agreement for a record that is         206 if the head of a governmental entity, or
subject to a confidentiality agreement executed          a designee, determines that there is no
before April 1, 1992, the law in effect at the           interest in restricting access to the records,
time the agreement was executed, including               or that the interests favoring access
late judicial interpretations of the law, shall          outweighs the interest favoring restriction
govern late judicial interpretations of the law,         of access.
(6) (a) The disclosure of records to which              (a) provide the requester with the facilities
    access is governed or limited pursuant to           for copying the requested records and
    the court rule, another state statute,              require that the facilities and personnel to
    federal statute, or federal regulation,             make the copies at the governmental
    including records for which access is               entity’s offices and waive the fees for
    participation in a state or federal program         copying the records.
    or for receiving state or federal funds, is     (10) (a) A governmental entity that owns an
    governed by the specific provisions of that         intellectual property right and that offers
    statute, rule, or regulation.                       the intellectual property right for sale or
                                                        license may control by ordinance or policy
    (b) This chapter applies to records                 the duplication and distribution of the
    described in Subsection (a) insofar as this         material based on terms the governmental
    chapter is not inconsistent with the statute,       entity considers to be in the public interest.
    rule, or regulation.                                (b) Nothing in this chapter shall be
(7) A governmental entity shall provide a               construed to limit or impair the right s or
    person with a certified copy of a record if:        protections granted to the governmental
    (a) the person requesting the record has a          entity under federal copyright or patent law
    right to inspect it;                                as a result of its ownership of the
    (b) the person identifies the record with           intellectual property right.
    reasonable specificity; and                     (11) A governmental entity may not use the
    (c) the person pays the lawful fees.                physical form, electronic or otherwise, in
(8) (a) A governmental entity is not required           which a record is stored to deny, or
    to create a record in response to a request.        unreasonably hinder the rights of persons
                                                        to inspect and receive copies of a record
    (b) Upon request, a governmental entity             under this chapter.
    shall provide a record in a particular format
    it;                                             36-2-202. Access to private, controlled, and
        (i) the governmental entity is able to      protected documents.
    do so without unreasonably interfering with     (1) Upon request, a governmental entity shall
    the governmental entity’s duties and            disclose a private record to:
    responsibilities; and                                   (a) the subject of the record;
        (ii) the requester agrees to pay the                (b) the parent or legal guardian of an
    governmental entity for its additional cots     unemancipated minor who is the subject of the
    actually incurred in providing the record in    record;
    the requested format.                                   (c) the legal guardian of a legally
                                                    incapacitated individual who is the subject of
    (c) Nothing in this section requires a          the record;
    governmental entity to fulfill a person’s               (d) any other individual who:
    records request if the request unreasonably                      (i) has a power of attorney
    duplicates prior records requests form that     from the subject of the record; or
    person.                                                          (ii) submits a notarized release
(9) if a person requests copies of more than 50                           from the subject of the
    pages of records from a governmental                                  record of his legal
    entity, and, if the records are contained in                          representative dated no
    files that do not contain records that are                            more than 90 days before
    exempt from disclosure, the governmental                              the date the request is
    entity may:                                                           made; or
          (e) any person to whom the record                               dated no more than 90 days
               must be provided pursuant to court                         prior to the date the request is
               order as provided in Subsection (7)                        made; or
               or a legislative subpoena as                      (c) any person to whom the record
               provided in Chapter 14, Title 36.                 must be provided pursuant to a court
(2) (a) Upon request, a governmental entity                      order as provided in Subsection (7) or a
shall disclose, a controlled record to:                          legislative subpoena as provided in
          (i) a physician, psychologist, or                      Chapter 14, Title 36.
          certified social worker upon submission       (5) a governmental entity may disclose a
          of a notarized release from the subject       private, controlled, or protected record to
          of the record that is dated no more           another state, the United States, or a foreign
          than 90 days prior to the date the            government only as provided by Section 36-2-
          request is made and a signed                  206.
          acknowledgment of the terms of                (6) Before releasing a private, controlled, or
          disclosure of controlled information as       protected record, the governmental entity shall
          provided by Subsection (b); and               obtain evidence of the requester’s identity.
          (ii) any person to whom the record            (7) A governmental entity shall disclose a
          must be disclosed pursuant to court           record pursuant to the terms of a court order
          order as provided in Subsection (7) or a      signed by a judge form a court of competent
          legislative subpoena as provided in           jurisdiction, provided that:
          Chapter 14, Title 36.                                  (a) the record deals with a matter in
          (b) A person who receives a record            controversy over which the court has
          from a governmental entity in                 jurisdiction;
          accordance with Subsection (2)(a)(i)                   (b) the court has considered the merits
          may not disclose controlled information       of the request for access to the record; and
          form that record to any person,                        (c) the court has considered and,
          including the subject of the record.                   where appropriate, limited the
(3) If there is more than on subject of a private                requester’s use and further disclosure
or controlled record, the portion of the record                  of the record in order to protect privacy
that pertains to another subject shall be                        interest in the case of private or
segregated from the portion that the requester                   controlled records, business
is entitled to inspect.                                          confidentiality interests in the case of
(4) Upon request, a governmental entity shall                    records protected under Subsection
disclose a protected record to:                                  369-2-304(1) and (2), and privacy
          (a) the person who submitted the                       interests or the public interest in the
record;                                                          case of other protected records;
          (b) any other individual who:                          (d) to the extent the record is properly
                   (i) has a power of attorney                   classified private, controlled, or
                   from all persons, governmental                protected, the interests favoring access,
                   entities, or political subdivision            considering limitations thereon,
                   s who interests where sought to               outweigh the interests favoring
                   be protected by the protected                 limitations thereon, outweigh the
                   classification; or                            interests favoring restriction of access;
                   (ii) submits a notarized release              and
                   from all persons, governmental                (e) where access is restricted by a rule,
                   entities, or political subdivision            statute, or regulation referred to in
                   the protected classification or               Subsection 36-2-201 (3)(b), the court
                   form their legal representatives
        has authority independent of this                    auditor or evaluator except as provided
        chapter to order disclosure.                         by this section.
(8) (a) A governmental entity may disclose or                (c) A governmental entity may require
authorize disclosure of private or controlled                indemnification as a condition of
records for research purposes if the                         permitting research under this
governmental entity:                                         subsection.
        (i) determines that the research            (9) (a) Under Subsections 63-2-201(5)(b) and
        purpose cannot reasonably be                63-2-401(6) a governmental entity may disclose
        accomplished without use of disclosure      records that are private under Section 63-2-302,
        of the information to the researcher in     or protected under Section 63-2-304 to persons
        individually identifiable form;             other than those specified in this section.
        (ii) determines that the proposed                    (b) Under Subsection 63-2-403(11)(b)
        research is bona fide, and that the value   the Records Committee may require the
        of the research outweighs the               disclosure of records that are private under
        infringement upon personal privacy;         Section 63-2-302, controlled under Section 63-
        (iii) requires the researcher to assure     2-303, or protected under Section 63-2-304 to
        the integrity, confidentiality, and         persons other than those specified in this
        security of the records and requires the    section.
        removal or destruction of the individual             (c) Under Subsection 63-2-404(8) the
        identifiers associated with the records     court may require the disclosure of records that
        as soon as the purpose of their search      are private under Section 63-2-604 to persons
        project has been accomplished;              other than those specified in this section.
                 (iv) prohibits the researcher
                 from disclosing the record in      63-2-203. Fees
                 individually identifiable form,    (1) A governmental entity may charge a
                 except as provided in                   reasonable fee to cover the governmental
                 Subsection (b), or from using           entity’s actual cost of duplicating a record
                 the record for purposes other           or compiling a record in a form other than
                 than the research approved by           that maintained by the governmental
                 the governmental entity; and            entity,
                 (v) secures from the               (2) Fees shall be established as follows:
                 researcher a written statement             (a) Governmental entities with fees
                 of his understanding of an                       established by the Legislature shall
                 agreement to the conditions of                   establish fees through the budget
                 this subsection and his                          established by the Legislature shall
                 understanding that violation of                  establish fees through the budget
                 the terms of this subsection                     established by the procedures of
                 may subject him to criminal                      Subsection 63-38-3(3) to set fees
                 prosecution under Section 36-2-                  until the Legislature establishes
                 801.                                             fees through the budget process. A
        (b) A researcher may disclose a record                    fee set by a governmental entity in
        in individually identifiable from if the                  accordance with Subsection 63-38-
        record is disclosed for the purpose of                    3(3) expires on April 26, 1993.
        auditing or evaluating the research                 (b) Political subdivisions shall establish
        program and no subsequent use or                          fees by ordinance or written
        disclosure of the record in individually                  formal policy adopted by the
        identifiable form will be made by the                     governing body.
         (c) The judiciary shall establish fees by       the records requested that identifies the
rules of the judicial council.                           record with reasonable specificity.
(3) A governmental entity may fulfill a record       (2) A governmental entity may make rules in
     request without charge and is encouraged            accordance with Chapter 46a, Title 63,
     to do so when it determines that:                   Utah Administrative Rulemaking Act,
         (a) releasing the record primarily              specifying where and to whom requests
benefits the public rather than a person;                for access shall be directed.
         (b) the individual requesting the           (3) (a) A soon as reasonably possible, but no
              record is the subject of the record,            later than ten business days after
              or an individual specified in                   receiving a written request, or five
              Subsection 63-2-201(1) or (2); or               business days after receiving a
         (c) the requester’s legal rights are                 written request if the requester
              directly implicated by the                      demonstrates that expedited
              information in the record, and the              response to the record request
              requester is impecunious.                       benefits the public rather than the
(4) A governmental entity may not charge a                    person, the governmental entity shall
fee for:                                                      respond to the request by:
         (a) reviewing a record to determine                  (i) approving the request and
whether it is subject to disclosure; or                       providing the record;
         (b) inspecting a record.                             (ii) denying the request;
(5) (a) All fees received under this section by               (iii) notifying the requester that it
           a governmental entity subject to                   does not maintain the record and
           Subsection (2)(a) shall be retained by             providing, if known, the name and
           the governmental entity as a                       address of the governmental entity
           dedicated credit.                                  that does maintain the record; or
     (b) Those funds shall be used to recover                 (iv) notifying the request that
           the actual cost and expenses incurred              because of one of the extraordinary
           by the governmental entity in                      circumstances listed in Subsection (4),
           providing the requested record or                  it cannot immediately approve or
           record series.                                     deny the request. The notice shall
(6) A governmental entity may require                         describe the circumstances relied
     payment of past fees and future estimated                upon and specify the date when the
     fees before beginning to process a                       records will be available.
     requester has not paid fees from previous                (b) Any person who requests a
     requests. Any prepaid amount in excess of                record to option information for a
     fees due shall be returned to the                        story or report for publication or
     requester.                                               information for a story or report for
(7) This section does not alter, repeal, r reduce             publication or broadcast to the
              fees established by other statutes              general public is presumed to be
              or legislative acts.                            acting to benefit the public rather
                                                              than a person.
63-2-204. Requests – Time limit for response         (4) The following circumstances constitute
and extraordinary circumstances.                         “extraordinary circumstances” that allow a
(1) A person making a request for a record               governmental entity to delay approval or
     shall furnish the governmental entity with          denial by an additional period of time as
     a written request containing his name,              specified in Subsection 63-2-204 (5) if the
     mailing, address, daytime telephone                 governmental entity determines that due
     number, if available, and a description of a        to the extraordinary circumstances it
    cannot respond within the time limits                     notify the requester when the record
    provided in Subsection (3):                               is available for inspection and
    (a) another governmental entity is using                  copying;
          the record, in which case the                 (c) for claims under Subsections (4)(c),
          originating governmental entity shall               (d), and (e), the governmental entity
          promptly request that the                           shall:
          governmental entity currently in                    (i) disclose the records that it has
          possession return the record;                       located which the requester is
    (b) another governmental entity is using                  entitled to inspect;
          the record as part of an audit, and                 (ii) provide the requester with an
          returning the record before the                            estimate of the amount it will
          completion of the audit would impair                       take to finish the work required
          the conduct of the audit;                                  to respond to the request; and
    (c) the request is for a voluminous                       (iii) complete the work and disclose
          quantity of records;                                       those records that the requester
    (d) the governmental entity is currently                         is entitled to inspect as soon as
          processing a large number of records                       reasonably possible;
          requests;                                     (d) for claims under Subsection (4)(f), the
    (e) the request requires the                              governmental entity shall either
          governmental entity to review a large               approve or deny the request within
          number of records to locate the                     five business days after the response
          records requested;                                  time specified for the original request
    (f) the decision to release a record                      has expired;
          involves legal issues that require the        (e) for claims under Subsection (4)(g), the
          governmental entity to seek legal                   governmental entity shall fulfill the
          counsel for the analysis of statutes,               request within 15 business days from
          rules, ordinances, regulations, or case             the date of the original request; or
          law;                                          (f) for claims under Subsection (4)(h), the
    (g) segregating information that the                      governmental entity shall complete
          requester is entitled to inspect from               its programming and disclose the
          information that the requester is not               requested records as soon as
          entitled to inspect requires computer               reasonably possible.
          programming.                              (6) (a) If a request for access is submitted to
(5) If one of the extraordinary circumstances                 an office of a governmental entity
    listed in Subsection (4) precludes approval               other than that specified by rule in
    or denial within the time specified in                    accordance with Subsection (2), the
    Subsection (3), the following time limits                 office shall promptly forward the
    apply to the extraordinary circumstances:                 request to the appropriate office.
    (a) for claims under Subsection (4)(a), the             (b) If the request is forwarded
          governmental entity currently in                        promptly, the time limit for
          possession of the record shall return                   response begins when the records
          the record to the originating entity                    is received by the office specified
          within five business days of the                        by rule.
          request for the return unless             (7) If the governmental entity fails to provide
          returning eh record would impair the          the requested records or issue a denial
          holder’s work;                                within the specified time period, that
    (b) for claims under Subsection (4)(a), the         failure is considered the equivalent of a
          originating governmental entity shall
     determination denying access to the                a governmental-managed corporation, a
     records.                                           political subdivision, the federal
                                                        government, or another state if the
63-2-205. Denials                                       requesting entity:
(1) If the governmental entity denies the               (a) serves as a repository or archives for
     request in whole or part, it shall provide a             purposes of historical preservation,
     notice of denial to the requester either in              administrative maintenance, or
     person or by sending the notice to the                   destruction;
     requester’s address.                               (b) enforces, litigates, or investigates
(2) The notice of denial shall contain the                    civil, criminal, or administrative law,
     following information:                                   and the record is necessary to a
     (a) a description of the record or portions              proceeding or investigation;
          of the record to which access was             (c) is authorized by state statute to
          denied, provided that the description               conduct an audit and the record is
          does not disclose private, controlled,              needed for that purpose; or
          or protected information or                   (d) is one that collects information for
          information exempt from disclosure                  presentence, probationary, or parole
          under Subsection 63-2-201 (3)(b);                   purposes.
     (b) citations to the provisions of this        (2) A governmental entity may provide a
          chapter, court rule or order, another         private or controlled record or record
          state statute, federal statute, or            series to another governmental entity, a
          federal regulation that exempt the            political subdivision, a government-
          record or portions of the record from         managed corporation, the federal
          disclosure, provided that the citations       government, or another state if the
          do not disclose private, controlled, or       requesting entity provided written
          protected, information or information         assurance:
          exempt from the disclosure under              (a) that the record or record series is
          Subsection 63-2-201 (3)(b);                         necessary to the performance of the
     (c) a statement that the requester has                   governmental entity’s duties and
          the right to appeal the denial to the               functions;
          chief administrative officer of the           (b) that the record or record series will
          governmental entity; and                            be used for a purpose similar to the
     (d) the time limits for filing an appeal,                purpose for which the information in
          and the name and business address of                the record or record series was
          the chief administrative officer of the             collected or obtained; and
          governmental entity.                          (c) that the use of the record or record
(3) Unless otherwise required by a court or                   series produces a public benefit that
     agency of competent jurisdiction, a                      outweighs the individual privacy right
     governmental entity may not destroy or                   that protects the record or record
     give up custody of any record to which                   series.
     access was denied until the period for an      (3) A governmental entity may provide a
     appeal has expired or the end of the               record or record series that is protected
     appeals process, including judicial appeal.        under Subsection 63-2-204 (1) or (2) to
                                                        another governmental entity, a political
63-2-206. Sharing records.                              subdivision, a government-managed
(1) A governmental entity may provide are               corporation, the federal government, or
     record that is private, controlled, or             another state if;
     protected to another governmental entity,
      (a) the record is necessary to the                      same restrictions on disclosure of the
      performance of the requesting entity’s                  material as the originating entity.
      duties and functions; or                         (8) Notwithstanding any other provision of
      (b) the record will be used for a purpose               this section, if a more specific court rule or
            similar to the purpose for which the              order, state statute, federal statute, or
            information in the record or record               federal regulation prohibits or requires
            series was collected or obtained.                 sharing information, that rule, order,
(4)   A governmental entity shall provide a                   statute, or federal regulation controls.
      private, controlled, or protected record to      (9) The following records may not be shared
      another governmental entity, a political                under this section:
      subdivision, a government-managed                       (a) records held by the Utah State Tax
      corporation, the federal government, or                 Commission that pertain to any person and
      another restate if the requesting entity;               that are gather under authority of Title 59,
      (a) is entitled by law to inspect the                   Revenue and Taxation;
      record; or                                              (b) records held by the Utah Division of
      (b) is required to inspect the records a                Oil, Gas and Mining that pertain to any
            condition of participating in a state or          person and that are gathered under
            federal program or for receiving state            authority of Chapter 6, Title 40, Board and
            or federal funds.                                 Division of Oil, Gas and Mining; and
(5)   Before disclosing a record or records series            (c) records of publicly funded libraries as
      under this section to another                           described in Subsection 63-2-302 (1)(c).
      governmental entity, another state, the          (10) Records that may evidence or relate to a
      United States, or a foreign government,                 violation of law may be disclosed to a
      the originating governmental entity shall:              government prosecutor, peace officer, or
      (a) inform the recipient of the record’s                auditor.
            classification and the accompanying        63-2-207. Subpoenas.
            restrictions on access; and                Subpoenas and other methods of discovery
      (b) if the recipient is not a governmental       under the state or federal statutes or rules of
            entity to which this chapter applies,      civil, criminal, administrative ,or legislative
            obtain the recipient’s written             procedure are not written requests under
            agreement which may be by                  Section 63-2-204. Compliance with civil,
            mechanical or electronic transmission      criminal, administrative, and legislative
            that it will abide by those restrictions   discovery shall be governed by the applicable
            on access unless a statute, federal        statutes and rules of procedure, not by this
            regulation, or interstate, agreement       chapter.
            otherwise governs that sharing of the
            record or record series.                               PART 3. CLASSIFICATION
(6)   A governmental entity may disclose a
      record to another state, the United States,      63-2-301. Records that must be disclosed.
      or a foreign government for the reasons          (1) The following records are public except to
      listed in Subsections (1), (2), and (3)               the extent they contain information
      without complying with the procedures of              expressly permitted to be treated
      Subsection (2) or (5) if disclosure is                confidentially under the provisions of
      authorized by executive agreement, treaty,            Subsections 63-2-201 (3)(b) and (6)(a):
      federal statue, compact federal regulation,              (a) laws;
      or state statute.                                        (b) names, gender, gross
(7)   A governmental entity may receiving a                         compensation, job title, job
      record under this section is subject to the                   descriptions, business addresses,
        business telephone numbers,                     (g) records filed with or maintained by
        number of hours worked per pay                        county recorders, clerks,
        period, dates of employment, and                      treasurers, surveyors, zoning
        relevant education, previous                          commissions, the Division of State
        employment, and similar job                           Lands and Forestry, the Division of
        qualifications of the government                      Oil, Gas and Mining, the Division of
        entity’s former and present                           Water Rights, or other
        employees and officers excluding:                     governmental entities that give
(i)    undercover law enforcement                             public notice of;
        personnel; and                                  (i) titles or encumbrances to real
(ii)    investigative personnel if                            property;
        disclosure could reasonably be                  (ii) restrictions on the use of real
        expected to impair the                                property;
        effectiveness of investigations or              (iii) the capacity of persons to take or
        endanger any individual’s safety;                     convey title to real property; or
(c)    final opinions, including concurring             (iv) tax status for real and personal
        and dissenting opinions, and                          property;
        orders that are made by a                       (h) records of department of
        governmental entity in an                             Commerce that evidence
        administrative, adjudicative, or                      incorporations, mergers, name
        judicial proceeding except that if                    changes, and uniform commercial
        the proceedings were properly                         code filings;
        closed to the public, the opinion               (i) data on individuals that would
        and order may be withheld to the                      otherwise be private under this
        extent that they contain                              chapter if the individual who is the
        information that is private,                          subject of the record has given the
        controlled, or protected;                             governmental entity written
(d)     final interpretations of statutes or                  permission to make the records
        rules by a governmental entity                        available to the public.
        unless classified as protected as               (j) documentation of the
        provided in Subsections 63-2-                         compensation that a governmental
        301(15), (16), and (17);                              entity pays to a contractor or
(e)     information contained in or                           private provider; and
        compiled from a transcript,                     (k) summary data.
        minutes, or report of the open         (2) The following records are normally public,
        portions of a meeting of a                  but to the extent that a record is expressly
        governmental entity as provided             exempt from disclosure, access may be
        by Chapter 4, Title 52, Open and            restricted under Sections 63-2-201(3)(b),
        Public Meetings, including the              63-2-303, or 63-2-304:
        records of all votes of each                    (a) administrative staff manuals,
        member of the governmental             instruction sot staff, and statements of policy;
        entity;                                         (b) records documenting a
(f)    judicial records unless a court                        contractor’s or private provider’s
        orders the records to be restricted                   compliance with the terms of a
        under the rules of civil or criminal                  contract with a governmental
        procedure or unless the records                       entity.
        are private under this chapter;                 (c) records documenting the services
                                                              provided by a contractor or a
       private provider to the extent the              (m) arrest warrants after issuance,
       records would be public if                            except that, for good cause, a
       prepared by the governmental                          court may order restricted access
       entity;                                               to arrest warrants prior to service;
(d)    contracts entered into by a                     (n) search warrants after execution
       governmental entity;                                  and filing of the return, except that
(e)    any account, voucher, or contract                     a court, for good cause, may order
       that deals with the receipt or                        restricted access to search
       expenditure of funds by a                             warrants prior to trial;
       governmental entity;                            (o) records that would disclose
(f)   records relating to government                         information relating to formal
       assistance or incentive publicly                      charges or disciplinary actions
       disclosed, contracted for, or given                   against a past or present
       by a governmental entity,                             governmental entity employee if:
       encouraging a person to expand or                     (i) the disciplinary action has bee
       relocate a business in Utah, except                   completed and all time periods for
       as provided in Subsection 63-2-                       administrative appeal have
       304(34);                                              expired; and
(g)   chronological logs and initial                         (ii) the formal charges were
       contact reports;                                      sustained;
(h)   correspondence by and with a                     (p) records maintained by the Division
       governmental entity in which the                      of State Land and Forestry or the
       governmental entity determines or                     Division of Oil, Gas and Mining that
       states an opinion upon the rights                     evidence mineral production on
       of the state, a political subdivision,                government lands;
       the public, or any person;                      (q) final audit reports;
(i)   empirical data contained in drafts               (r) occupation al and professional
       if:                                                   licenses;
       (i) a governmental entity;                      (s) business licenses; and
       (ii) a political subdivision;                   (t) a notice of violation, a notice of
       (iii) a federal agency if the                         agency action under Section 63-
       governmental entity and the                           46b-3, or similar records used to
       federal agency are jointly                            initiate proceedings for discipline
       responsible for implementation of                     or sanctions against persons
       a program or project that has bee                     regulated by a governmental
       legislatively approved;                               entity, but not including records
       (iv) a government-managed                             that initiate employee discipline.
       corporation; or                          (3) The list of public records in this section is
       (v) a contractor or private                  not exhaustive and should not be used to
       provider;                                    limit access to records.
(k)   drafts that have never been
       finalized but were relied upon by        63-2-302. Private records.
       the governmental entity in               (1) The following record are private:
       carrying out action or policy;                (a) records concerning an individual’s
(l)   original data in a computer                         eligibility for unemployment
       program if the governmental                        insurance benefits, social services,
       entity chooses not to disclose the                 welfare benefits, or the
       program;                                           determination of benefit levels;
    (b) records containing data on individuals                 (c) records of independent state
          describing medical history, diagnosis,                   agencies if the disclosure of those
          condition, treatment, evaluation, or                     records would conflict with the
          similar medical data;                                    fiduciary obligation so f the
    (c) records of publicly funded libraries                       agency;
          that when examined alone or with                     (d) other records containing data on
          other records identify a patron;                         individuals the disclosure of which
    (d) records received or generated in a                         constitutes a clearly unwarranted
          Senate or House ethics committee                         invasion of personal privacy; and
          concerning any alleged violation of                  (e) records provided by the United
          the rules on legislative ethics if the                   States or by a government entity
          ethics committee meeting was close                       outside the state that are given
          tot the public; and                                      with the requirement that the
    (e) records concerning a current or                            records be managed as private
          former employee of, or applicant for                     records, if the providing entity
          employment with, a governmental                          states in writing that the record
          entity that would disclose that                          would not be subject to public
          individual’s home address, home                          disclosure if retained by it.
          telephone number, social security
          number, insurance coverage, marital          63-2-303. Controlled Records.
          status, or payroll deductions.               A record is controlled if:
(2) The following records are private if               (1) the record contains medical, psychiatric, or
properly classified by a governmental entity:          psychological data about an individual;
        (a) records concerning a current or            (2) the governmental entity reasonably
             former employee of, or applicant          believes that:
             for employment with a                              (a) releasing the information in the
             governmental entity, including                          record to the subject of the record
             performance evaluations and                             would be detrimental to the
             personal status information such                        subject’s mental health or to the
             as race, religion, or disabilities, but                 safety of any individual; or
             not including records that are                     (b) releasing the information would
             public under Subsection 63-2-                           constitute a violation of normal
             301(1)(b) or 63-2-302(2)(o), or                         professional practice and medical
             private under Subsection63-2-                           ethics; and
             302(1)(e).                                (3) the governmental entity has properly
        (b) records describing an individual’s         classified the record.
             finances, except that the following
             are public:                               63-2-304. Protected records.
             (i) records described in                  The following records are protected if properly
             Subsection 63-2-301(1);                   classified by a governmental entity:
             (ii) information provided to the          (1) trade secrets as defined in Section 13-24-2
             governmental entity for the                     if the person submitting the trade secret
             purpose of complying with a                     has provided the governmental entity with
             financial assurance requirement;                the information specified in Section 63-2-
             or                                              308;
             (iii) records that must be                (2) commercial information or nonindividual
             disclosed in accordance with                    financial information obtained from a
             another statute;                                person if:
         (a) disclosure of the information could              the property on the best terms
               reasonably be expected to result in            possible;
               unfair competitive injury to the          (b) the information has already been
               person submitting the information              disclosed to persons not employed by
               or would impair the ability of the             or under a duty of confidentiality to
               governmental entity to obtain                  the entity;
               necessary information in the              (c) in the case of records that would
               future;                                        identify property, potential sellers of
         (b) the person submitting the                        the described property have already
               information has a greater interest             learned of the governmental entity’s
               in prohibiting access than the                 plans to acquire the property; or
               public in obtaining access; and           (d) in the case of records that would
         (c) the person submitting the                        identify the appraisal or estimated
               information has provided the                   value of property, the potential
               governmental entity with the                   sellers have already learned of the
               information specified in Section               governmental entity’s estimated
               63-2-308;                                      value of the property;
(3)   commercial or financial information            (7) records prepared in contemplation of sale,
      acquired or prepared by a governmental             exchange, lease, rental, or other
      entity to the extent that disclosure would         compensated transaction of real or
      lead to financial speculations in currencies       personal property including intellectual
      securities, or commodities that will               property, which, if disclosed prior to
      interfere with a planned transaction by the        completion of the transaction, would
      governmental entity or cause substantial           reveal the appraisal or estimated value of
      financial injury to the governmental entity        the subject property, unless:
      or state economy;                                  (a) the public interest in access
(4)   test questions and answers to be used in                outweighs the interests in restricting
      future license, certification, registration,            access, including the governmental
      employment, or academic examinations;                   entity’s interest in restricting access,
(5)   records the disclosure of which would                   including the governmental entity’s
      impair governmental procurement                         interest in maximizing the financial
      proceedings or give an unfair advantage to              benefit of the transaction; or
      any person proposing to enter into a               (b) when prepared by or on behalf of a
      contract or agreement with a                            governmental entity, appraisals or
      governmental entity, except that this                   estimates of the value of the subject
      subsection does not restrict the right of a             property have already been disclosed
      person to see bids submitted to or by a                 to persons not employed by or under
      governmental entity after bidding has                   a duty of confidentiality to the entity.
      closed.                                        (8) records created or maintained for civil,
(6)   records that would identify real property          criminal, or administrative enforcement
      or appraisal or estimated value of real or         purposes or audit purposes, or for
      personal property, including intellectual          discipline, licensing, certification, or
      property, under consideration for public           registration purposes, if release of the
      acquisition before any rights to the               records:
      property are acquired unless:                      (a) reasonably could be expected to
      (a) public interest in obtaining access to              interfere with investigations
            the information outweighs the                     undertaken for enforcement
            governmental entity’s need to acquire
           discipline, licensing, certification, or          Human Services that are based on the
           registration purposes;                            employee’s or contractor’s supervision,
     (b) reasonably could be expected to                     diagnosis, or treatment of any person
           interfere with audits, disciplinary, or           within the board’s jurisdiction;
           enforcement proceedings;                   (13)   records and audit work papers that
     (c) would create a danger of depriving a                identify audit, collection, and operational
person of a right to a fair trial or impartial               procedures and methods used by the
hearing;                                                     Utah State Tax Commission, if disclosure
     (d) reasonably could be expected to                     would interfere with audits or collections;
           disclose the identity of a source who      (14)   records of a governmental audit agency
           is not generally known outside of                 relating to an ongoing to planned audit
           government and, in the case of a                  until the final audit is released;
           record compiled in the course of an        (15)   records prepared by or on behalf of a
           investigation, disclose information               governmental entity solely in anticipation
           furnished by a source not disclosure              of litigation that are not available under
           would compromise the source; or                   the rules of discovery;
     (e) reasonably could be expected to              (16)   records disclosing an attorney’s work
           disclose investigative or audit                   product, including the mental impression
           techniques, procedures, policies, or              or legal theories of governmental entity
           orders not generally known outside of             concerning litigation;
           government if disclosure would             (17)   records of communications between a
           interfere with enforcement or audit               governmental entty and an attorney
           efforts;                                          representing, retained, or employed by
(9) records the disclosure of which would                    the governmental entity if the
jeopardize the life or safety of an individual;              communications would be privileged as
(10) records the disclosure of which would                   provided in Section 78-24-8;
      jeopardize the security of governmental         (18)   personal files of a legislator, including
      property, governmental programs, or                    personal correspondence to or from a
      governmental record-keeping systems                    member of the Legislature, but not
      from damage, theft, or appropriation of                correspondence that gives notice of
      use contrary to law or public policy                   legislative action or policy;
      programs, or governmental record-keep           (19)   unnumbered bill requests that are
      systems form damage, theft, or other                   requested to be protected by the
      appropriation or use contrary to law or                legislator who requests that the bill be
      public policy;                                         prepared by the Office of Legislative
(11) records that, if disclosed, would                       Research and General Counsel; [S.B.175:
      jeopardize the security or safety of a                 “records in the custody or control of the
      correctional facility, or records relating to          Office of Legislative Research and General
      incarceration, treatment, probation, or                counsel, that, if disclosed, who reveal a
      parole, that would interfere with the                  particular legislator’s contemplated
      control and supervision of an offender’s               legislation or contemplated course of
      incarceration, treatment, probation, or                action before the legislator has elected o
      parole;                                                support the legislation or course of
(12) records, that is disclosed , would reveal               action, or made the legislation or course
      recommendations made to the Board of                   of act public,”]
      Pardons by an employee of or contractor         (20)   research requests from legislators to the
      for the Department of Corrections, the                 Office of Legislative Research and General
      Board of Pardons, or the Department of                 counsel or the Office of the legislative
       fiscal Analyst and research findings                 courses of action before the governor has
       prepared in recons to these requests;                implemented or rejected those policies or
(21)   drafts, unless otherwise classified as               courses of action or made them public;
       public;                                       (29)   records of the Office of the Legislative
(22)   records concerning a governmental                    Fiscal Analyst relating to budget analysis,
       entity’s strategy about collective                   revenue estimates, and fiscal notes of
       bargaining or pending litigation;                    proposed legislation before issuance of
(23)   records of investigations of loss                    the final recommendations in these areas;
       occurrences and analyses of loss                     and
       occurrences that may be covered by the        (30)    records provided by the United States or
       Risk Management Fund, the Employers’                 by a government entity outside the state
       Reinsurance Fund, the Uninsured                      that are given to the governmental entity
       Employers’ Fund, or similar divisions in             with a requirement that they be managed
       other governmental entities;                         as protected records if the providing
(24)   records, other than personnel                        entity certifies that the record would to
       evaluations, that contain a personal                 be subject to public disclosure if retained
       recommendation concerning an individual              by it;
       if disclosure would constitute a clearly      (31)    transcripts, minutes, or reports of the
       unwarranted invasion of personal privacy,            closed portion of a meeting of a public
       disclosure is not in the public interest;            body except as provided in Section 52-4-7
(25)   records that reveal the location of                  of the Open and Public Meetings Act;
       historic. Prehistoric, paleontological, or    (32)    records that would reveal the contents of
       biological resources that if known would             settlement negotiations but not including
       jeopardize the security of those resources           final settlements or empirical data to the
       or of valuable historic, scientific,                 extent that they are not otherwise
       educational, or cultural information;                exempt from disclosure;
(26)   records of independent state agencies if      (33)    memoranda prepared by staff and used in
       the disclosure of the records would                  the decision-making process by an
       conflict with the fiduciary obligations of           administrative law judge, a member of
       the agency;                                          the Board of Pardons, or a member of any
(27)   records of a public institution of higher            other body charged by law with
       education regarding tenure evaluations,              performing a quasi-judicial function;
       appointments, application for admissions,     (34)    records that would reveal negations
       retention decisions, and promotions,                 regarding assistance or incentives offered
       which could be properly discussed in a               by or requested from a governmental
       meeting closed in accordance with                    entity for the purpose of encouraging a
       Chapter 4, Title 52, Open and Public                 person to expand or locate a business in
       Meetings, provided that records                      Utah, but only if disclosure would result in
       reflecting final decisions about tenure,             actual economic harm to the person or
       appointments, retention, promotions, or              place the governmental entity at a
       those students admitted may not be                   competitive disadvantage, but this
       classified as protected under this section;          section may not be used to restrict access
(28)   records of the governor’s office,                    to a record evidencing a final contract;
       including, but not limited to, budget         (35)    materials to which access must b
       recommendations, legislative proposals,              eliminated for purposes of securing or
       and policy statements, that if disclosed             maintaining the governmental entity’s
       would reveal the governor’s                          proprietary protection of intellectual
       contemplated policies or contemplated
     property rights including patents,                  protected and the specificity of the
     copyrights, and trade secrets;                      competing provisions
(36) the name of a donor or a prospective           (2) Nothing in Subsection 63-2-202(2), Section
     donor to a governmental entity including            63-2-303, or 63-2-304 requires a
     a public institution of higher education,           governmental entity to classify a record
     and other information concerning the                as private, controlled, or protected.
     conation that could reasonably be
     expected to reveal the identity of the         63-2-306. Duty to evaluate records and make
     donor, provided that;                                designations and classifications.
     (a) the donor requests anonymity in            (1) A governmental entity shall:
     writing;                                             (a) evaluate all record series that it uses
     (b) any terms, conditions, restrictions,             or creates;
           or privileges relating ot the donation         (b) designate those record series as
           may not be classified protected by             provided by this chapter; and
           the governmental entity under this             (c) report the designations of its record
           subsection;                                    series to the state archives.
     (c) except for public institution of higher    (2) A governmental entity may classify a
           education, the governmental unit to            particular record, record series, or
           which the donation is made is                  information within a record at any time,
           primarily engaged in educational,              but is not required to classify a particular
           charitable, or artistic endeavors, and         record, record series, or information until
           has no regulatory or legislative               access to the record is requested.
           authority over the donor, a member       (3) A governmental entity may redesignate a
           of his fo his immediate family, or any         record series or reclassify a record or
           entity owned or controlled by the              record series, or information within a
           donor or his immediate family;                 record at any time.
(37) the following records of a public
     institution of education, which have been      63-2-307. Segregation of records.
     developed, discovered, or received y or        Notwithstanding any other provisions I this
     on behalf of faculty, staff, employees, or     chapter if a governmental entity receives a
     students of the institution: unpublished       request for access to record that contains both
     lecture notes, unpublished research notes      information that the requester is entitled to
     and data, unpublished manuscripts,             inspect and information that the requester is
     creative works in process, scholarly           not entitled to inspect under this chapter, and,
     correspondence, and confidential               if the information the requester is entitled to
     information contained in research              inspect is intelligible, the governmental entity:
     proposals. Nothing into his subsection         (1) shall allow access to information in the
     shall be construed to affect the                     record that the requester is entitled to
     ownership of a record.                               inspect under this chapter; and
                                                    (2) may deny access to information in the
63-2-305. Procedure to determine                          record if the information is exempt from
      classification.                                     disclosure to the requester, issuing a
(1) If more than one provision of this chapter            notice of denial as provided in Section 63-
      could govern the classification of a                2-205.
      record, the governmental entity shall
      classify the record by considering the        63-2-308. Business confidentiality claims.
      nature of the interests intended to the       (1) (a) Any person who provides to a
                                                              governmental entity a record that he
          believes should be protected under                 (b) If a governmental entity claims
          Subsection 63-2-304(1) or (2) shall                      extraordinary circumstances and
          provide with the record a written                        specifies the date when the
          claim of business confidentiality and a                  records will be available under
          concise statement of reasons                             Subsection 63-2-204(3), and, if the
          supporting the claim of business                         requester believes the
          confidentiality.                                         extraordinary circumstances do
       (b) the claimant shall be notified by                       not exist or that the time specified
             the governmental entity if a record                   is unreasonable, the requester
             claimed to be protected under                         may appeal the governmental
             Subsection 63-2-304 (1) or (2) is                     entity’s claim of extraordinary
             classified public or if the                           circumstances or date for
             governmental entity determines                        compliance within 30 days after
             that the record should be released                    notification of a claim of
             after balancing interests under                       extraordinary circumstances by
             Subsection 63-2-201 (5)(b) or                         the governmental entity, despite
             Subsection 63-2-401(6).                               the lock of a “determination” or its
(2) Except as provided by court order, the                         equivalent under Subsection 63-2-
    governmental entity may not disclose                           204(7).
    records claimed to be protected under           (2) The notice of appeal shall contain the
    Subsection 63-2-304 (1) or (2) but which it     following information:
    determines should be classified public until             (a) the petitioner’s name, mailing
    the period in which to bring an appeal          address, and daytime telephone number; and
    expires or the end of the period in which                (b) the relief sought.
    to bring an appeal expires or the end of        (3) The petitioner may file a short statement
    the appeals process, including judicial              of facts, reasons, and legal authority in
    appeal. This subsection does not apply               support of the appeal.
    where the claimant, after notice, has           (4) (a) If the appeal involves a record that is
    waived the claim by not appealing or                        the subject of a business
    intervening before the records committee.                   confidentiality claim under Section
(3) Disclosure or acquisition of information                    63-2-308, the chief administrative
    under this chapter does not constitute                      officer shall:
    misappropriation under Subsection 13-24-                 (i) send notice of the requester’s
    2 (2).                                                        appeal to the business
                                                                  confidentiality claimant within
               PART 4. APPEALS                                    three business days after receiving
                                                                  notice, except that if notice under
63-2-401. Appeal to head of governmental                          this section must be given to more
entity.                                                           than 35 persons, it shall be given as
(1) (a) Any person by a governmental entity’s                     soon as reasonably possible;
        access determination under this                      (ii) send notice of the business
        chapter, including a person not a party                    confidentiality claim and the
        to the governmental entity’s                               schedule for the chief
        proceedings, may appeal the                                administrative officer’s
        determination within 30 days to the                        determination to the requester
        chief administrative officer of the                        within three business days after
        governmental entity by filing a notice                     receiving notice of the requester’s
        of appeal.                                                 appeal.
    (b) The claimant shall have seven                    name and business address of the
         business days after notice is sent by           executive secretary of the records
         the administrative officer ot submit            committee.
         further support for the claim of            (8) A person aggrieved by a governmental
         business confidentiality.                       entity’s classification or designation
(5) (a) The chief administrative officer shall           determination under this chapter, but who
         make a determination on the appeal              is not requesting access to the records,
         within the following period of time:            may appeal that determination using the
         (i) within five business days after             procedures provided in this section. If a
              the chief administrative officer’s         nonrequester is the only appellant, the
              receipt of the notice of appeal; or        procedures provided in this section shall
         (ii) within twelve business days after          apply, except that the determination on
              the governmental entity sends              the appeal shall be made within 30 days
              the requester’s notice of appeal           after receiving the notice appeal.
              to a person who submitted a            (9) The duties of the chief administrative
              claim of business confidentiality          officer under this section may be
       (b) If the chief administrative officer           delegated.
             fails to make a determination
             within the time specified in            63-2-403. Appeals to the records committee.
             Subsection (5)(a), the failures shall   (1) A petitioner, including an aggrieved person
             be considered the equivalent of an           who did not participate in the appeal to
             order denying the appeal.                    the governmental entity’s chief
       (c) The provisions of this section                 administrative officer, may appeal to the
             notwithstanding, the parties                 records committee by filing a notice of
             participating in the proceeding              appeal with the executive secretary no
             may, by agreement, extend the                later than:
             time periods specified in this               (a) 20 days after the chief administrative
             section.                                           officer of the governmental entity has
(6) The chief administrative officer may upon                   granted or denied the records request
    consideration and weighing of the various                   in whole or in part including a denial
    interests and public policies pertinent to                  under Subsection 63-2-204(7);
    the classification and disclosure or                  (b) petition for judicial review in district
    nondisclosure, order the disclosure or                      court as provided in Section 63-2-204.
    nondisclosure, order the disclosure of           (2) Any person aggrieved by a determination
    information properly classified as private            of the chief administrative officer of a
    under Section 63-2-302(2) or protected                governmental entity under this chapter,
    under Section 63-2-304 if the interests               including persons who did not participate
    favoring access outweigh the interests                in the governmental entity’s proceedings,
    favoring restriction of access.                       may appeal the determination to the
(7) The governmental entity shall send written            records committee as provided in Section
    notice of the determination of the chief              63-2-403.
    administrative officer to all participants. If
    the chief administrative officer affirms the     63-2-403. Appeals to the records committee.
    denial in whole or in part, the denial shall     (1) A petitioner, including an aggrieved person
    include a statement that the requester ahs            who did not participate in the appeal to
    the right to appeal the denial to either the          the governmental entity’s chief
    records committee or district court, the              administrative officer, may appeal to the
    time limits for filing an appeal, and the             records committee by filing a notice of
     appeal with the execute secretary no later                 (iv) all persons who participated in the
     than:                                                            proceedings before the
     (a) 30 days after the chief administrative                       governmental entity’s chief
            officer of the governmental entity has                    administrative officer.
            granted or denied the records request     (5)   No later than ten business days after
            in whole or in part, including a denial         receiving the notice of appeal, the
            under Subsection 63-2-204(7);                   governmental entity may submit to the
     (b) 45 days after the original request for             executive secretary of the records
            records if:                                     committee a written statement of facts,
            (i) the circumstances described in              reasons, and legal authority I support of its
            Subsection 63-2-401(1)(b) occur; and            position. The governmental entity shall
            (ii) the chief administrative officer           send a copy of the written statement to
            failed to make a determination under            the petitioner by first class mail, postage
            Section 63-2-401.                               prepaid. The executive secretary shall
(2) The notice of appeal shall contain the                  forward a copy of the written statement to
following information:                                      each member of the records committee.
         (a) the petitioner’s name, mailing           (6)   No later than ten business days after the
address, and daytime telephone number;                      notice of appeal is sent by the executive
         (b) a copy of any denial of the records            secretary, a person whose legal interests
request; and                                                may be substantially affected by the
         (c) the relief sought.                             proceedings may file a request for
(3) The petitioner may file a short statement               intervention before the records
     of facts, reasons, and legal authority I               committee. Any written statement of facts,
     support of the appeal.                                 reasons, and legal authority in support of
(4) No later than three business days after                 the intervener’s position shall be field with
     receiving a notice of appeal, the executive            the request for intervention. The person
     secretary of the records committee shall:              weekly intervention shall provide copies of
     (a) schedule a hearing for the records                 the statement to all parties to the
            committee to discuss the appeal                 proceedings before the records
            which shall be held no sooner than 15           committee.
            days and not later than 30 days from      (7)   The records committee shall hold a hearing
            the date of the filing of the appeal’           no sooner than 15 days and not later than
     (b) send a copy of the notice of hearing               30 days after receiving the notice of
     to the petitioner; and                                 appeal.
     (c) send a copy of the notice of appeal,         (8)   At the hearing, the records committee
     supporting statement, and a notice of                  shall allow the parties to testify, present
     hearing to:                                            evidence, and comment on the issues. The
         (i) each member of the records                     records committee may allow other
     committee;                                             interested persons to comment on the
         (ii) the records officer and the chief             issues.
                administrative officer of the         (9)   (a) The records committee may review
                governmental entity from which              the disputed records. The review shall be
                the appeal originated;                      in camera.
         (iii) any person who made a business               (b) Members of the records committee
                confidentiality claim under Section                may not disclose any information or
                63-2-308 for a record that is the                  record reviewed by the committee in
                subject of the appeal; and                         camera unless the disclosure is
                                                                   otherwise authorized by this chapter.
(10) (a) Discovery is prohibited, but the                          governs disclosure of the record
            records committee may issue                            provided that the citations do not
            subpoenas or other orders to compel                    disclose private, controlled, or
            production of necessary evidence.                      protected information;
         (b) The records committee’s review                   (b) a description of the record or
shall be de novo.                                                  portions of the record to which
(11) (a) No later than three business days                         access was ordered or denied,
            after the hearing the records                          provided that the description does
            committee shall issue a signed order                   not disclose private, controlled or
            either granting the petition in whole                  protected information or
            or in part or upholding the                            information exempt from
            determination of the governmental                      disclosure under Subsection 63-2-
            entity in whole or in part.                            2019(3)(b);
         (b) The records committee may, upon                       (c) a statement that any part to
              consideration and weighing of the                    the proceeding before the records
              various interests and public                         committee may appeal the record
              policies pertinent to the                            committee’s decision to district
              classification and policies pertinent                court: an:
              to the classification and disclosure                 (d) a brief summary of the
              or nondisclosure, order the                          appeals process, the time limits for
              disclosure or information properly                   filing an appeal, and a notice that
              classified as private, controlled, or                in order to protect its rights on
              protected if the public interest                     appeal, the part may wish to seek
              favoring access outweighs the                        advice from an attorney.
              interests favoring restriction of       (13) If the records committee fails to issue a
              access.                                      decision with 35 days of the filing of the
         (c) In making a determination under               notice of appeal, that failure shall be
             Subsection (b), the records                   considered the equivalent of an order
             committee shall consider and,                 denying the appeal. The petitioner shall
             where appropriate, limit the                  notify the records committee in writing if
             requester’s use and further                   he considers the appeal denied.
             disclosure of the record in order to
             protect privacy interests in the case    63-2-404. Judicial review.
             of private or controlled records,        (1) Any party to a proceeding before the
             business confidentiality interests in          records committee may petition for
             the case of records protected under            judicial review by the district court of the
             Subsection 63-2-304(1) and (2), and            records committee’s order. The petition
             privacy interests or the public                shall be filed no later than 30 days after
             interest in the case of other                  the data of the records committee’s
             protected records.                             order.
                                                      (2) (a) A requester may petition for judicial
(12) The order of the records committee shall               review by the district court of a
include:                                                    governmental entity’s determination as
         (a) a statement of reasons for the                 specified in Subsection 63-2-402(1)(b).
             decisions, including citations to              (b) The requester shall file a petition no
             this chapter, court rule or order,             later than:
             another state statute federal                    (i) 30 days after the governmental
             statute, or federal regulation that                   entity has responded to the records
             request by either providing the                 nondisclosure, order the disclosure of
             requested records or denying the                information properly classified as
             request in whole or in part;                    private, controlled, or protected if the
        (ii) 35 days after the original request if           interest favoring access outweighs the
              the governmental entity failed to              interests favoring restriction of access.
              respond to the request; or                 (b) The court shall consider and, where
        (iii) 45 days after the original request              appropriate, limit the requester’s use
      for records if:                                         and further disclosure of the record in
                  (A) the circumstances                       order t protect privacy interests in
      described in Subsection 63-2-401(1)(b)                  confidentiality interests in the case of
      occur; and                                              records protected under Subsection
                  (B) the chief administrative                63-2-304(1) and (2), and privacy
                       officer failed to make a               interests or the public interest in the
                       determination under                    case of other protected records.
                       Section 63-2-401.             (8) (a) The court may, upon consideration
(3) The petition for judicial review shall be a               and weighing of the various interests
complaint governed by the Utah Rules of Civil                 and public policies pertinent to the
Procedure and shall contain:                                  classification and disclosure or
        (a) the petitioner’s name and mailing                 nondisclosure, order the disclosure of
address;                                                      information properly classified as
        (b) a copy of the records committee                   private, controlled, or protected if the
order from which prior appeal to the records                  interest favoring access outweighs
committee;                                                    the interests favoring restriction of
        (c) the name and mailing address of                   access..
             the governmental entity that issued            (b) The court shall consider and where
             the initial determination with a                    appropriate, limit the requester’s
             copy of that determination;                         use and further disclosure of the
        (d) a request for relief specifying the                  record in order to protect privacy
type and extent of relief requested; and                         interests in the case of private or
        (e) a statement of the reasons why                       controlled records, business
the petitioner is entitled to relief.                            confidentiality interests in the case
(4) If the appeal is based on the denial of                      of records protected under
     access to a protected record, the court                     Subsection 63-2-304(1) and (2),
     shall allow the claimant of business                        and privacy interests or the public
     confidentiality to provide to the court the                 interest in the case of other
     reasons for the claim of business                           protected records.
     confidentiality.
(5) All additional pleadings and proceedings in      63-2-40. Judicial review.
     the district court are governed by the Utah     (1) Any party to a proceeding before the
     Rules of Civil Procedure.                            records committee may petition for
     (6) The district court may review the                judicial review by the district court of the
     disputed records. The review shall be in             records committee’s order. The petition
     cameras.                                             shall be filed no later than 30 days after
(7) The court shall:                                      the date of the records committee’s order.
     (a) The court may, upon consideration           (2) (a) A requester may petition for judicial
          and weighing of the various interests           review by the district court of a
          and public policies pertinent to the            governmental entity’s determination as
          classification and disclosure or                specified in Subsection 63—402 (1)(b).
     (a) make rules to govern its own                       reasons for the claim of business
             proceedings as provided by Chapter             confidentiality
             46a, Title 63 Utah Administrative         (5) All additional pleadings and proceedings in
             Rulemaking Act; and                            the district court are governed by the Utah
     (b) by order, after notice and hearing,                Rules of Civil Procedure.
             reassign classification and designation   (6) The district court may review the disputed
             for any record series by a                records. The review shall be I camera.
             governmental entity if the                (7) The court shall:
             governmental entity’s classification or           (a) make its decision de novo, but
             designation is inconsistent with this                    allow introduction of evidence
             chapter.                                                 presented to the records
          (i) 30 days after the governmental                          committee;
               entity has responded to the records             (b) determine all questions of fact and
               request by either providing the         law without a jury; and
               requested records or denying the                (c) decide the issue at the earliest
               request in whole or in part;            practical opportunity.
     (ii) 35 days after the original request if        (8) (a) The court may, upon consideration
             the governmental entity failed to                    and weigh in of the various interests
             respond to the request; or                           and public policies pertinent to the
     (iii) 45 days after the original request for                 classification and disclosure or
     records if:                                                  nondisclosures, order the disclosure
          (A) the circumstances described in                      of information properly classified as
     Subsection 63-2-401 (1)(b) occur; and                        private, controlled, or protected if the
          (B) the chief administrative officer                    interest favoring access outweighs
     filed to make a determination under                          the interests favoring restriction of
     Section 63-2-401.                                            access.
(3) The petition for judicial review shall be                  (b) The court shall consider and,
     complaint governed by the Utah Rules of                          where appropriate, limit the
     Civil Procedure and shall contain:                               requesters’ use and further
          (a) the petitioner’s name and mailing                       disclosure of the record in order to
address;                                                              protect privacy interests in the
          (b) a copy of the records committee                         case of private or controlled
                order from which the appeal is                        records, business confidentiality
                taken, if the petitioner brought a                    interests in the case of records
                prior appeal to the records                           protected under Subsection 63-2-
                committee;                                            304(1) and (2), and privacy
          (c) the name and mailing address of                         interests or the public interest in
                the governmental entity that                          the case of other protected
                issued the initial determination                      records
                with a copy of that determination;
          (d) a request for relief specifying the      63-2-406. Confidential treatment of records for
type of and extent of relief requested; and            which no exemption applies.
          (e) a statement of the reasons why           (1) A court may, on appeal or in a declaratory
the petitioner is entitled to relief.                       or other action, order the confidential
(4) If the appeal is based on the denial of                 treatment of records for which no
     access to a protected record, the court                exemption from disclosure applies if:
     shall allow the claimant of business                      (a) there are compelling interests
     confidentiality to provide to the court the       favoring restriction of access to the records; and
        (b) the interests favoring restriction of                    create or manage records that if
access clearly outweigh the interest favoring                        created by a governmental entity
access                                                               would be private or controlled;
(2) If a governmental entity requests a court                 (b) the state auditor;
     to restrict access to a record under this                (c) the director of the Divisor of State
     section, the court shall require the over                       History.
     government entity to pay the reasonable                  (d) the governor or the governor’s
     attorney’s fees entity’s request, if:                           designee;
     (a) the court finds that no statutory or                 (e) one citizen member;
          constitutional exemption from                       (f) one elected official representing
          disclosure could reasonably apply to                       political subdivision; and
          the record I question; and                          (g) one individual representing the
     (b) the court denies confidential                               news media.
treatment under this section.                       (2) The members specified in Subsection
(3) This section does not apply to records that     (1)(a), (e), (f), and (g) shall be appointed by the
     are specifically required to be public under   governor.
     statutory provisions outside of this chapter             (a) The initial board members
     or under Section 63-2-301, except as           appointed by the governor shall serve the
     provided in Subsection (4).                    following terms:
(4) (a) Access to drafts and empirical data in                          (i) the initial citizen member
          drafts may be limited under this                                   shall be the same citizen
          section, but the court may consider,                               member serving on the
          in its evaluation of interest favoring                             State Records Committee
          restriction of access, only those                                  created under Section 63-2-
          interests that relate to the underlying                            68, and shall serve until his
          information, and not to the                                        term on that committee
          deliberative nature of the record.                                 would otherwise expire;
        (b) Access to original data in a                                (ii) the remaining members
              computer program may be limit4d                                initially appointed by the
              under this section but the court                               governor shall draw by lot
              may consider, in its evaluation of                             so that one is appointed to
              interests favoring restriction of                              a two-year term, one is
              access, only those interests that                              appointed t a three-year
              relate to the underlying                                       term, and one is appointed
              information, and not to the                                    to a four-year term.
              statutes of that data as part of a              (b) The successors of the initial board
              computer program.                                      shall be appointed for a term of
                                                                     four years, except that when a
     PART 5. STATE RECORDS COMMITTEE                                 vacancy occurs in the membership
                                                                     for any reason, the replacement
63-2-501. State Records Committee created –                          shall be appointed for the
Membership.                                                          unexpired term.
(1) There is created the State Records                        (c) Each appointed member is eligible
Committee within the Department of                                   for reappointement for one
Administrative Services to consist of the                            additional term.
following seven individuals:                                  (d) A vacancy in the membership of
        (a) an individual in the private sector                      the committee shall occur if the
             whose profession requires him to                        elected official representing a
             political subdivision vacates the           and shall review proposed retention
             elected office for any reason.              schedules.

63-2-502. State Records Committee – Duties                  PART 6. ACCURACY OF RECORDS.
(1) The records committee shall:
        (a) meet at least once every three           63-2-601. Rights of individuals on whom data
months;                                              is maintained.
        (b) review and approve retention and         (1) (a) Each governmental entity shall file
disposal of records;                                           with the state archivist a statement
        (c) hear appeals from determinations                   explaining the purposes for which
of access as provided by Section 63-2-403; and                 record series designated private or
        (d) appoint a chairman from among its                  controlled are collected and used by
members.                                                       that governmental entity.
(2) The records committee may:                                 (b) That statement is a public
        (a) make rules to govern its own                       record.
               proceedings as provided by            (2) Upon request, each governmental entity
               Chapter 46a, Title 63, Utah                     shall explain to an individual:
               Administrative Rulemaking Act;                (a) the reasons the individual is asked
               and                                                 to furnish to the governmental
        (b) by order, after notice and hearing,                    entity information that could be
               reassign classification and                         classified private or controlled;
               designation for ay record series by           (b) the intended uses of the
               a governmental entity if the                        information; and
               governmental entity’s classify                (c) the consequences for refusing to
               action or designation is                            provide the information.
               inconsistent with this chapter.       (3) A governmental entity may not use private
(3) The state archivist is the executive                  or controlled records for purposes other
secretary to the records committee.                       than those given in the statement filed
(4) Five members of the records committee                 with the state archivist under Subsection
are a quorum for the transaction of business.             (1) or for purposes other than those for
(5) The state archives shall provide staff and            which another governmental entity could
support services for the records committee.               use the record under Section 63-2-206.
(6) Unless otherwise reimbursed, the citizen
     member, the individual in the private           63-2-602. Disclosure to subject of records –
     sector, and the representative of the news            Context of use.
     media shall receive a per diem as               When providing records under Section 63-2-
     established by the Division of Finance in       202(1) or when providing public records about
     Section 63-1-14.5.                              and individual to the persons specified in
(7) If the records committee reassigns the           Section 63-2-202(1), a governmental entity
     classification or designation of a record or    shall, upon request, disclose the context in
     record series under Subsection (2)(b), any      which the record is used.
     affected governmental entity or any other
     interested person may appeal the                63-2-603. Requests to amend a record –
     reclassification or redesignatoin to the        Appeals.
     district court. The district court shall hear   (1) Proceedings of state agencies under this
     the matter de novo.                                  section shall be governed by Chapter 46b,
(8) The Office of the Attorney General shall              Title 63, Administrative Procedures Act.
     provide counsel to the records committee
(2) (a) Subject to Subsection (8), an                                  (ii) disclose the requester’s
           individual may contest the accuracy                               statement along with the
           or completeness of any public, or                                 information in the record
           private or protected records                                      whenever the
           concerning him by requesting the                                  governmental entity
           governmental entity to amend the                                  discloses the disputed
           record. However, this section does                                information.
           not affect the right of access to          (7) The requester does not apply to records
           private or protected records.                  relating to title to real or personal
    (b) The request shall contain the                     property, medical records, pursuant to the
    following information:                                Administrative Procedures Act or, if that
        (i) the requester’s name, mailing                 act does not apply, to district court.
    address, and daytime telephone number;            (8) This section does not apply to records
    and                                                   relating to title to real or personal
        (ii) a brief statement explaining why             property, medical records, judicial case
    the governmental entity should amend the              files, or any other records that the
    record.                                               governmental entity determines must be
(3) The governmental entity shall issue an                maintained in their original form to protect
    order either approving or denying the                 the public interest and to preserve the
    request to amend as provided in Title 63,             integrity of the record system.
    Chapter 46n, Administrative Procedures
    Act, or, if the act does not apply, no later            PART 7. APPLICABILITY TO POLITICL
    than 30 days after receipt of the request.              SUBDIVISIONS, THE JUDICARY, AND THE
(4) If the governmental entity approves the                             LEGISLATURE
    request, it shall correct all of its records
    that contain the same governmental entity         63-2-701. Political subdivisions to enact
    may not disclose the record until it has               ordinances in compliance with chapter.
    amended it.                                       (1) (a) Each political subdivision may adopt
(5) If the governmental entity denies the                       an ordinance or a policy applicable
    request, it shall:                                          throughout its jurisdiction relating to
    (a) inform the requester in writing; and                    information practices including
    (b) provide a brief statement giving its                    classification, designation, access,
    reasons for denying the request.                            denials, segregation, appeals,
(6) (a) If a governmental entity denies a                       management, retention, and
           request ot amend a record, the                       amendment of records.
           requester may submit a written                       (b) The ordinance or policy shall
           statement contesting the information                 comply with the criteria set forth in
           in the record.                                       this section.
           (b) The governmental entity shall:                   (c) If any political subdivision does
                 (i) file the requester’s                             not adopt and maintain an
                      statement with the                              ordinance or policy, then that
                      disputed record if the                          political subdivision is subject to
                      record is in a form such that                   this chapter.
                      the statement can                         (d) Notwithstanding the adoption of
                      accompany the record or                         an ordinance or policy, each
                      make the statement can                          political subdivision is subject to
                      accompany the record; and                       Part 1 and 3, and Sections 63-2-
                                                                      201, 63-2-202, 63-2-205, 63-2-
                206, 63-2-601, 63-2-602, 63-2-                      the resources of the political
                905, and 63-2-907.                                  subdivision are insufficient to meet
          (e) Every ordinance, policy, or                           the requirements of those
                amendment to the ordinance or                       sections.
                policy shall be filed with the       (4)   (a) The political subdivision shall
                state archives no later than 30                  establish an appeal process for
                day after its effective date.                    persons aggrieved by classification,
          (f) The political subdivision shall                    designation or access decisions.
                also report to the to the state                  (b) The policy or ordinance shall
                archives all retention schedules,                provide for:
                and all designations and                               (i) an appeals board
                classifications applied to records                          composed of members of
                series maintained by the political                          the governing body of the
                subdivision.                                                political subdivision; or
(2) Each ordinance or policy relating to                               (ii) a separate appeals board
information practices shall:                                                 composed of members of
       (a) provide standards for the                                         the governing body and
             classification and designation of                               the public, appointed by
             the records of the political                                    the governing body.
             subdivisions public, private,           (5)   If the requester concurs, the political
             controlled, or protected in                   subdivision may also provide for an
             accordance with Part 3 of this                additional level of administrative review to
             chapter;                                      the records committee in accordance with
       (b) require the classification and                  Section 63-2-403.
             designation of the records of the       (6)   Appeals of the decisions of the appeals
             political subdivision in accordance           board established by political subdivisions
             with those standards;                         shall be by contents of the petition for
       (c) provide guidelines for                          review to the district court. The contents
             establishment fees in accordance              of the petition for review to the district
             with Section63-2-203; and                     court. The contents of the petition for
       (d) provide standards for the                       review and the conduct of the proceeding
             management and retention of the               shall be in accordance with Section 63-2-
             record of the political subdivision           402 and 63-2-404.
             comparable to Section 63-2-903.         (7)   Any political subdivision that adopts an
(3) (a) Each ordinance or policy shall                     ordinance or policy under Subsection (1)
          establish access criteria, procedures,           shall forward to state archives a copy and
          and response time for requests to                summary description of the ordinance or
          inspect, obtain, or amend records of             policy.
          the political subdivision, and time
          limits for appeals consistent with this    63-2-702. Applicability to judiciary.
          chapter.                                   (1) The judiciary is subject to the provisions of
       (b) In establishing response times for             this chapter except as provided in this
             access requests and time limits for          section.
             appeals, the political subdivision      (2) (a) The judiciary is not subject to Part 4 of
             may establish reasonable time                this chapter except as provided in
             frames different than those set out          Subsection (5).
             in Section 63-2-204 and Part 4 of            (b) The judiciary is not subject to Part 5
             this chapter if it determines that           of this chapter.
    (c) The judiciary is subject to only the                 management program in the
         following sections in Part 9 of this                Legislature; and
         chapter: Sections 63-2-905 and 63-2-            (b) as required by the Legislature,
         304.                                                provide program services similar to
(5) Rules governing appeals from denials of                  those available to the executive
    requests for access shall substantially                  branch of government, as provided in
    comply with the time limits provided in                  this chapter.
    Section 63-2-204 and Part 4 of this
    chapter.                                                      PART 8. REMEMDIES
(6) Upon request, the state archivist shall:
    (a) assist with the advise concerning the       63-2-801. Criminal penalties.
         establishment of a records                 (1) (a) A public employee or other person
         management program in the judicial                   who has lawful access to any private,
         branch; and                                          controlled, or protected record under
    (b) as required by the judiciary, provide                 this chapter, and who intentionally
         program and legislative branches of                  discloses or provides a copy of a
         government as provided program                       private, controlled, or protected
         services similar to those available to               record to any person knowing that
         the executive and legislative branches               such disclosure is prohibited, is guilty
         of government as provided in this                    of a class B misdemeanor.
         chapter.                                           (b) It is a defense to prosecution
                                                                 under Subsection (1)(a) that the
63-2-703. Applicability to the Legislature.                      record could have lawfully been
(1) The Legislature and its staff offices shall                  released to the recipient it if had
     designate and classify records in                           been properly classified.
     accordance with Sections 63-2-301                      (c) It is a defense to prosecution under
     through 63-2-304 as public, private,                        Subsection (1)(a) that the record
     controlled, or protected.                                   could have lawfully been released
(2) (a) The Legislature and its staff offices are                to the recipient if it had been
          not subject to Section 63-2-203 or to                  properly classified.
          Part 4 or 5 of this chapter.              (2) (a) A person who by false pretenses,
        (b) The Legislature is subject to only                bribery, or theft, gains access to or
              the following sections in Part 9 of             obtains a copy of any private,
              this chapter: Sections 63-2-902,                controlled, or protected record to
              63-2-906, and 63-2-909.                         which he is not legally entitled is
(3) The Legislature, through the Legislative                  guilty of a class B misdemeanor.
     Management Committee, shall establish                  (b) No person shall be guilty under
     policies to handle requests for records and                 Subsection (2)(a) who receives the
     may establish an appellate board to hear                    record, information, or copy after
     appeals from denials of access.                             the fact and without prior
(4) Policies shall include reasonable times for                  knowledge of or participation in
     responding to access requests consistent                    the fast pretenses, bribery, or
     with the provisions of Part 2 of this                       theft.
     chapter, fees, and reasonable time limits      (3) A public employee who intentionally
     for appeals.                                        refuses to release a record the disclosure
(5) Upon request, the state archivist shall:             of which the employee knows is required
     (a) assist with and advise concerning the           by law or by final unappealed order form a
          establishment of a records                     governmental entity, the records
     committee, or a court, is guilty of a class B   63-2-803. No liability for certain decisions of a
     misdemeanor.                                          governmental entity.
                                                     Neither the governmental entity or political
63-2-802. Injunction – Attorney’s fees.              subdivision, nor any officer or employee of the
(1) A district court in this state may enjoin any    governmental entity or political subdivision, is a
     governmental entity or political                liable for damages resulting from the release of
     subdivision that violates or proposes to        a record where the person or government
     violate the provisions of this chapter.         requesting the record presented evidence of
(2) (a) A district court may assess against any      authority to obtain the record even if it is
           governmental entity or political          subsequently determined that the requester
           subdivision reasonable attorney’s         had no authority.
           fees and other litigation costs
           reasonably incurred in connection         63-2-804. Disciplinary action.
           with a judicial appeal of a denial of a   A governmental entity or political subdivision
           records request if the requester          may take disciplinary action which may include
           substantially prevails.                   suspension or discharge against any employee
     (b) In determining whether to award             of the governmental entity or political
     attorneys’ fees under this section, the         subdivision who intentionally violates any
     court shall consider:                           provision of this chapter.
        (i) the public benefit derived from the
     case;                                             PART 9. ARCHIVES AND RECORDS SERVICE
        (ii) the nature of the requester’s
     interest in the records; and                    63-2-901. Division of Archives and Records
        (iii) whether the governmental               Service created – Duties.
     entity’s or political subdivision’s actions     (1) There is created the Division of Archives
     had a reasonably basis.                              and Records Service within the
     (c) Attorney’s fees shall not ordinarily be          Department of Administrative Services.
           awarded the purpose of the litigation     (2) The state archives shall:
           is primarily to benefit the requester’s           (a) administer the state’s archives and
           financial or commercial interest.                      records management programs,
(3) Neither attorney’s fees nor costs shall be                    including storage of records,
     awards for fees or costs incurred during                     central microphotography
     administrative proceedings.                                  programs, and quality control;
(4) Notwithstanding Subsection (2), a court                  (b) apply fair, efficient, and
     may only awards fees and costs incurred in                   economical management methods
     connection with appeals to district courts                   to the collection, creation, use,
     underSubseciton63-2-404 (2) if the fees                      maintenance, retention,
     and costs were incurred 20 or more days                      preservation, disclosure, and
     after the requester provided to the                          disposal of records and
     governmental entity or political                             documents;
     subdivision a statement of position that                (c) establish standards, procedures,
     adequately explains the basis from the                       and techniques for the effective
     requester’s position.                                        management and physical care of
(5) Claims for attorneys’ fees as provided in                     records.
     this section or for damages are subject to              (d) conduct surveys of office
     Chapter 30, Title 63, Governmental                           operations and recommend
     Immunity Act.                                                improvements in current records
                                                                  management practices, including
             the use of space, equipment,             archives. The state archivist shall be qualified by
             automation, and supplies used in         archival training, education, and experience.
             creating, maintaining, storing, and      (2) The state archivist is charged with custody
             servicing records;                       of the following:
        (e) establish standards for the                        (a) the enrolled copy of the Utah
             preparation of schedules providing                     constitution;
             for the retention of records of                   (b) the acts and resolutions passed by
             continuing value and for the                           the Legislature;
             prompt and orderly disposal of                    (c) all records kept or deposited with
             state records no longer possessing                     the state archivist as provided by
             sufficient administrative, historical,                 law;
             legal, or fiscal value to warrant                 (d) the journals of the Legislature and
             further retention;                                     all bills, resolutions, memorials,
        (f) establish, maintain, and operate                        petitions, and claims introduced in
             centralized microphotography lab                       the Senate or the House of
             facilities and quality control for the                 Representatives; and
             state;                                            (e) oaths of office of all state officials.
        (g) provide staff and support services        (3) (a) The state archivist is the official
             to the records committee;                           custodian of all noncurrent records of
        (h) develop training programs to assist                  permanent or historic value that are
             records officers and other                          not required by law to remain in the
             interested officer and employees                    custody of the originating
             of governmental entity to                           governmental entity.
             administer this chapter;                          (b) Upon the termination of any
        (i) provide access to public records                        governmental entity, its records
             deposited in the archives;                             shall be transferred to the state
        (j) provide assistance to any                               archives.
             governmental entity in
             administering this chapter; and          63-2-903. Duties of governmental entities.
        (k) prepare forms for use by all              The chief administrative officer of each
             governmental entities for a person       governmental entity shall:
             requesting access to a record.           (1) establish and maintain an active,
(2) The state archives may:                                continuing program for the economical
        (a) establish a report and directive               and efficient management of the
management program; and                                    governmental entity’s records as provided
        (b) establish a forms management                   by this chapter;
program.                                              (2) appoint one or more records officers who
(3) The executive director of the Department               will be trained to work with the state
     of Administrative Services may direct the             archives in the care, maintenance
     state archives to the administer other                scheduling, disposal, classification,
     functions or services consistent with this            maintenance, scheduling, disposal,
     chapter.                                              classification, designation, access, and
                                                           preservation of records;
63-2-902. State archivist – Duties.                   (3) make and maintain adequate and proper
(1) With the approval of the governor, the                 documentation of the organization,
executive director of the Department of                    functions, policies, decisions, procedures,
Administrative Services shall appoint the state            and essential transactions of the
archivist to serve as director of the state                governmental entity designed to furnish
      information to protect the legal and                property of the state and shall not be
      financial rights of persons directly affected       mutilated, destroyed, or otherwise
      by the entity’s activities;                         damaged or disposed of, in whole or part,
(4)   submit to the state archivist proposed              except as provided in this chapter.
      schedules of records for final approval by      (2) (a) Except as provided in Subsection (b),
      the records committee;                                     all records created or maintained by a
(5)   cooperate with the state archivist in                      political subdivision of the state are
      conduction surveys made by the state                       the property of the state and shall not
      archivist;                                                 be mutilated, destroyed, or otherwise
(6)   comply with rules issued by the                            damaged or disposed of, in whole or
      Department of Administrative Services as                   in part, except as provided in this
      provided by Section 63-2-904;                              chapter.
(7)   report to the state archives the                    (b) Records which constitute a valuable
      designation of record series that it                       intellectual property shall be the
      maintains;                                                 property of the political subdivision.
(8)   report to the state archives the                    (c) The state archives may, upon the
      classification of each record series that is               request from a political subdivision,
      classified; and                                            take custody of any record series of
(9)   establish and report to the state archives                 the political subdivision. A political
      retention schedules for object that the                    subdivision which no longer wishes to
      governmental entity determines are not                     maintain custody of any record series
      records under SEciton 63-2-301(18), but                    of the political subdivision. A political
      that have historical or evidentiary value.                 subdivision which no longer wishes to
                                                                 maintain custody of a record which
63-2-04. Rulemaking authority.                                   must be retained under the approved
(1) The executive director of the Department                     retention schedule shall transfer it to
     of Administrative Services, with the                        the state archives for safekeeping and
     recommendation of the state archivist,                      management.
     may make rules as provided by Chapter            (3) It is unlawful for a governmental entity or
     46a, Title 63, Utah Administrative                   political subdivision to mutilate, destroy,
     Rulemaking Act, to implement provisions              or otherwise damage or dispose of a
     of this chapter dealing with procedures for          record series in contravention of the
     the collection, storage, designation,                properly adopted retention schedule.
     classification, access, and management of
     records.                                         63-2-906. Certified and microphotography
(2) A governmental entity that includes               copies.
     divisions, board, departments,                   (1) Upon demand, the state archives shall
     committees, commissions, or other                     furnish certified copies of a record in its
     subparts that fall within the definition of a         exclusive custody that is classified public or
     governmental entity under this chapter,               that is otherwise determined to be public
     may, by rule, specify at which level the              under this chapter by the originating
     requirements specified in this chapter shall          governmental entity, the records
     be under taken.                                       committee, or a court of law. When
                                                           certified by the state archivist under the
63-2-905. Records declared property of the                 seal of ht estate archives, the copy has the
     state – Disposition.                                  same legal force and effect as if the copy
(1) All records created or maintained by a                 has the same legal force and effect as if
     governmental entity of the state are the              the copy has the same legal force and
    effect as if certified by the originating         public under this act shall become a public
    governmental entity.                              record when the justification for the original or
(2) The state archives may microphotograph            any subsequent restrictive classification no
    records when it determines that                   longer exists. A record shall be presumed shall
    microphotography is an efficient and              be presumed to be public 75 years after its
    economical way to care, maintain, and             creation, except that a record that contains
    preserve the record. A transcript,                information about an individual 21 years old or
    exemplification, or certified copy of a           younger at the time of the records’ creation
    microphotograph has the same legal force          shall be presumed to the public 100 years after
    and effect as the original. Upon review and       its creation.
    approval of the microphotographed film by         (2) Subsection (1) does not apply to records of
    the state archivist, the source documents         unclaimed property held by the state treasurer
    may be destroyed.                                 in accordance with Chapter 44, Title 78,
(3) The state archives may allow another              Uniform Unclaimed Property Act.
    governmental entity to microphotograph               ____________________________________
    records in accordance with standards set
    by the state archives.                                  UTAH GOVERNMENTAL IMMUNITY ACT

63-2-907. Right to replevin.                          63-30-10.6. Attorneys’ fees for records
To secure the safety and preservation of              requests.
records, the state archivist or his representative    (1) Immunity from suit of all governmental
may examine all records. On behalf of the state            entities is waived for recovery of attorneys
archivist, the attorney general may replevin any           fees under Section 63-2-405 and 63-2-802.
records that are not adequately safeguarded.          Notwithstanding Section 63-30-11:
                                                           (a) a notice of claim for attorneys’ fees
63-2-908. Report on management on                          under Subsection (1) may be file
     government records.                                   contemporaneously with a petition for
(1) The state archives shall provide for public            review under Section 63-2-404; and
     inspection of the title and a summary                 (b) Section 63-30-14 and 63-30-19 shall not
     description of each record series.                    apply.
(2) On or before Jun 1 or each year, the state        (2) Any other claim under this chapter that is
     archives shall prepare a report for the          related to a claim for attorneys’ fees under
     Legislature and governor which shall             Subsection (1) may be brought
     contain:                                         contemporaneously with the claim for
     (a) a summary description of each                attorneys’ fees or in a subsequent action.
          ordinance enacted in compliance with        _______________________________________
          Section 63-2-701 and        any report
          of noncompliance with this chapter;           UTAH ADMINISTRATIVE PROCEDURES ACT
          and
     `(b) a summary list of other section sin         63-46b-1. Scope and applicability of chapter.
           the code that contain provisions for       (1) Except as set forth in Subsection (2), and
           the collection, storage, classification,   except as otherwise provided by a statute
           designation, access, or management         superseding provisions of this chapter by
           of government records.                     explicit reference to this chapter, the provisions
                                                      of this chapter apply to every agency of the
63-2-909. Records made public after 75 years.         state of Utah and govern:
(1) The classification of a record is not
permanent and a record that was not classified        ***
(2) The provisions of this chapter do not
govern:

***
(p) state agency action under Chapter 2, Title
63, Government Record Access and
management Act, except as provided in Section
63-2-603.

								
To top