DAR File No. 43075

This rule was published in the August 1, 2018, issue (Vol. 2018, No. 15) of the Utah State Bulletin.


Attorney General, Administration

Rule R105-2

Records Access and Management

Notice of Proposed Rule

(Amendment)

DAR File No.: 43075
Filed: 07/11/2018 03:36:42 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule provides information about submitting requests and appeals to the Attorney General's Office under the Government Records Access and Management Act.

Summary of the rule or change:

The change to this rule indicates that records requests received via email after regular business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.) will be deemed received the following business day.

Statutory or constitutional authorization for this rule:

  • Section 63G-2-204

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The amendments to this rule only indicates that "[r]ecords requests received via email after regular business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.) will be deemed received the following business day."

local governments:

There are no anticipated costs or savings to local governments. The amendments to this rule only indicates that "[r]ecords requests received via email after regular business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.) will be deemed received the following business day."

small businesses:

There are no anticipated costs or savings to small businesses. The amendments to this rule only indicates that "[r]ecords requests received via email after regular business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.) will be deemed received the following business day."

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The amendments to this rule only indicates that "[r]ecords requests received via email after regular business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.) will be deemed received the following business day."

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons. The amendments to this rule only indicates that "[r]ecords requests received via email after regular business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.) will be deemed received the following business day."

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no anticipated fiscal impacts that this rule may have on businesses. The amendments to this rule only indicates that "[r]ecords requests received via email after regular business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.) will be deemed received the following business day."

Sean Reyes, Attorney General

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Attorney General
Administration
Room 230 UTAH STATE CAPITOL
350 N STATE ST
SALT LAKE CITY, UT 84114

Direct questions regarding this rule to:

  • Nicole Alder at the above address, by phone at 801-538-3240, by FAX at , or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/31/2018

This rule may become effective on:

09/07/2018

Authorized by:

Brian Tarbet, Deputy Attorney General

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2018

FY 2019

FY 2020

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0





Fiscal Benefits




State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0





Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are no anticipated regulatory or fiscal impact that the changes to this rule with have on non-small businesses.

 

The amendments to this rule only indicate that "[r]ecords requests received via email after regular business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.) will be deemed received the following business day."

 

 

R105. Attorney General, Administration.

R105-2. Records Access and Management.

R105-2-1. Purpose.

This rule provides information about submitting requests and appeals to the Attorney General's Office under the Government Records Access and Management Act.

 

R105-2-2. Requests for Access.

All requests for records shall be directed to:

 

TABLE



If by hand delivery:

GRAMA Coordinator
Office of the Attorney General
Utah State Capitol Complex
350 North State Street Suite 230
Salt Lake City, Utah 84114

If by mail:

GRAMA Coordinator
Office of the Attorney General
PO Box 140860
Salt Lake City, Utah 84114-0860

If by email:

GRAMA Coordinator
[email protected]
Records requests received via email after regular
business hours (Monday through Friday, 8:00
a.m. to 5:00 p.m.) will be deemed received the
following business day.

 

 

R105-2-3. Appeals.

Appeals regarding questions of access to records shall be directed to:

 

TABLE


If by hand delivery:

GRAMA Appeal
Office of the Attorney General
Utah State Capitol Complex
350 North State Street Suite 230
Salt Lake City UT 84114

If by mail:

GRAMA Appeal
Office of the Attorney General
PO Box 140860
Salt Lake City, Utah 84114-0860

If by email:

GRAMA Coordinator
[email protected]
Appeals received via email after regular
business hours (Monday through Friday,
8:00 a.m. to 5:00 p.m.) will be deemed
received the following business day
for purposes of calculating the time
for a decision by the Chief Administrative
Officer.

 

 

R105-2-4. Records of Client Agencies.

Requesters seeking copies of records of client agencies of the Attorney General's Office must make their request directly to the client agency. See Section 67-5-15(1).

 

R105-2-5. Record Sharing.

For the purpose of record sharing between governmental entities as provided in Section 63G-2-206, the Attorney General's Office is one governmental entity and all divisions in the office are part of that entity.

 

KEY: public records, government documents, records access, GRAMA

Date of Enactment or Last Substantive Amendment: [ February 7, ]2018

Notice of Continuation: September 28, 2016

Authorizing, and Implemented or Interpreted Law: 63G-2-204


Additional Information

More information about a Notice of Proposed Rule is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2018/b20180801.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

For questions regarding the content or application of this rule, please contact Nicole Alder at the above address, by phone at 801-538-3240, by FAX at , or by Internet E-mail at [email protected].  For questions about the rulemaking process, please contact the Office of Administrative Rules.