DAR File No. 41585

Natural Resources, Wildlife Resources

Rule R657-29

Government Records Access Management Act

Notice of Proposed Rule

(New Rule)

DAR File No.: 41585
Filed: 05/04/2017 11:02:52 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Title 63G, Chapter 2, authorizes the Division of Wildlife Resources (DWR) to make rules in accordance with the Government Records Access and Management Act, specifying where and to whom requests for records access shall be directed. This rule sets the process for accessing records in DWR.

Summary of the rule or change:

Rule R657-29 is necessary to provide an effective and efficient process prescribing where and to whom requests for information shall be directed and provide procedures for access to division records as allowed under Subsection 63G-2-204(2)(d).

Statutory or constitutional authorization for this rule:

• Section 63G-2-204

Anticipated cost or savings to:

the state budget:

This is a new rule in compliance with Title 63G, Chapter 2, setting the process for accessing protected records within DWR. DWR determines that this new rule will not create any cost or savings impact to the state budget or DWR's budget, since the changes will not increase workload and can be carried out with existing budget.

local governments:

This is a new rule in compliance with Title 63G, Chapter 2, setting the process for accessing protected records within DWR. Local governments will not be directly or indirectly impacted because the rule does not create a situation requiring services from local governments.

small businesses:

This is a new rule in compliance with Title 63G, Chapter 2, setting the process for accessing protected records within DWR. Small businesses will not be directly or indirectly impacted because the rule does not create a situation requiring services from small businesses.

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

This is a new rule in compliance with Title 63G, Chapter 2, setting the process for accessing protected records within DWR. Other persons requesting protected information from DWR will be directly impacted because the rule does allow DWR to charge a set fee to cover the administrative costs of retrieving and compiling the requested data. The following fee schedule applies to all GRAMA requests made to DWR. Opt-in reports are $50 for all and $25 per drawing. DOPL wildlife violation reports have no charge for first report and renewals and are $10 per duplicate report. Copy of licenses have no charge. Research data (examples include prairie dog shape files, sheep surveys, big game data, correspondence, analysis statistics, court records, law enforcement records, and general data requests) have no fee for the first hour and a $25.00 per hour fee after the first hour, a $50 per hour fee for geographic information systems (GIS), and a $75 per hour fee data processing. Copy fees are 10 cents per self-service copy and 25 cents per staff-service copy.

Compliance costs for affected persons:

DWR determines that this new rule could create a cost impact to individuals requesting protected data from DWR. The following fee schedule applies to all GRAMA requests made to the DWR. Opt-in reports are $50.00 for all, $25.00 per drawing. DOPL wildlife violation reports have no charge for first report and renewals, $10.00 per duplicate report. Copy of licenses have no charge. Research data (examples include prairie dog shape files, sheep surveys, big game data, correspondence, analysis statistics, court records, law enforcement records and general data requests) have no fee for the first hour, a $25.00 per hour fee after the first hour, a $50.00 per hour fee for geographic information systems (GIS), and a $75.00 per hour fee data processing. Copy fees are 10 cents per self-service copy and 25 cents per staff-service copy.

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

The amendments to this rule do not create an impact on businesses.

Michael R. Styler, Executive Director

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

Natural Resources
Wildlife Resources
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Staci Coons at the above address, by phone at 801-538-4718, by FAX at 801-538-4709, 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:

07/03/2017

This rule may become effective on:

07/10/2017

Authorized by:

Gregory Sheehan, Director

R657. Natural Resources, Wildlife Resources.

R657-29. Government Records Access Management Act.

R657-29-1. Purpose and Authority.

(1) This rule prescribes where and to whom requests for information shall be directed and provides procedures for access to division records as allowed under Subsection 63G-2-204(2).

(2) Specific procedures for requesting division records are provided in Chapter 2, Title 63, Government Records Access and Management Act.

 

R657-29-2. Definitions.

(1) Terms used in this rule are defined in Section 63G-2-103.

(2) In addition:

(a) "Department" means the Department of Natural Resources.

(b) "Division" means the Division of Wildlife Resources

(c) "Records officer" means the individual located in the Salt Lake division office designated by the director of the division to work with state archives in the care, maintenance, scheduling, designation, classification, disposal, and preservation of records.

 

R657-29-3. Allocation of Responsibility Within the Division.

The division is considered a governmental entity and the director of the division is considered the head of the governmental entity.

 

R657-29-4. Requesting Information.

(1) A person making a request for any private, controlled or protected record shall furnish the division with a written request as provided in Subsection 63G-2-204(1) on a form provided by the division.

(2)(a) A request for any record shall be made only to the records officer in the Salt Lake division office located at 1594 West North Temple, Salt Lake City, Utah 84114.

(b) Response to a request submitted to any person other than the records officer in the Salt Lake division office may be delayed.

(3)(a) The records officer shall respond to each request according to Section 63G-2-204.

(b) Under authority of Subsection 63G-2-201(5)(b) the director may, in his discretion, disclose records that are private under Subsection 63G-2-302(2) or protected under Section 63G-2-305 to persons other than those specified in Section 63G-2-202 or 63G-2-206 if he determines there is no interest in restricting access to the record, or that the interests favoring access outweighs the interest favoring restriction of access.

 

R657-29-5. Requests for Access for Research Purposes.

(1) Access to private or controlled records for research purposes is allowed under Section 63G-2-202(8).

(2) Requests for access to private or controlled records for research purposes may be made to the records officer in the Salt Lake division office.

 

R657-29-6. Intellectual Property Records.

(1) The division may duplicate and distribute an intellectual property right that is owned by the division in accordance with Section 63G-2-201(10).

(2) Decisions with regard to these rights shall be made by the records officer in the Salt Lake division office.

(3) Any request regarding the duplication and distribution of such materials shall be made in writing to the records officer in the Salt Lake division office.

 

R657-29-7. Fees.

(1) The division, pursuant to Section 63G-2-203, may charge a reasonable fee to cover the actual cost of duplicating a record or compiling a record in a form other than that maintained by the division.

(2) The division shall establish fees in accordance with Subsection 63J-1-303.

(3) Fees must be paid at the time of the request or before the records are provided to the requester.

(4) The records officer may fulfill a record request without charge according to the guidelines established in Subsection 63G-2-203(3).

(5) Requests for a fee waiver may be made to the records officer in the Salt Lake division office.

 

R657-29-8. Denials.

(1) If the records officer denies a request in whole or in part, he shall send a notice of denial to the requester either in person or by sending the notice to the requester's address.

(2) The notice of denial shall contain the information required in Subsection 63G-2-205(2).

 

R657-29-9. Appeal of Access Determination.

(1) Any person aggrieved by an access determination made by the records officer, including a person not a party to the division proceeding may, within 30 days after the determination, appeal the determination by submitting a notice of appeal in writing to the department executive director.

(2) The notice of appeal shall contain the information provided in Subsection 63G-2-401(2).

(3) Upon receiving the notice of appeal, the department executive director shall make a determination according to the guidelines and within the time periods specified in Section 63G-2-401.

 

R657-29-10. Appeal of Request to Amend a Record.

(1) Any individual contesting the accuracy or completeness of any public, private, or protected record concerning him may request the division amend the record according to the guidelines specified in Subsection 63G-2-603(2).

(2) The request to amend shall be considered a request for agency action as prescribed in Subsection 63G-4-201 and the adjudicative proceeding shall be conducted informally according to the procedures prescribed in Section 63G-4-203 and R657-2, Adjudicative Proceedings.

(3) Any request to amend a record must be made to the records officer in the Salt Lake division office on a form provided by the division.

 

KEY: government documents, freedom of information, public records

Date of Enactment or Last Substantive Amendment: 2017

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