Career Service Review Board, Administration

Rule R137-2

Government Records Access and Management Act

Notice of Proposed Rule

(Amendment)

DAR File No.: 33593
Filed: 04/29/2010 03:26:34 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The changes are in response to the changes in the statute from H.B. 140 governing the Career Service Review Board. (DAR NOTE: H.B. 140 (2010) is found at Chapter 249, Laws of Utah 2010, and will be effective 07/01/2010.).

Summary of the rule or change:

These rule changes eliminate references to the former Career Service Review Board and replaces them with Career Service Review Office. They also change to whom initial GRAMA requests are to be sent.

State statutory or constitutional authorization for this rule:

• Section 63A-12-103
• Section 63G-2-101 et seq.
• Subsection 67-19a-203(8)
• Section 63A-12-104

Anticipated cost or savings to:

the state budget:

The changes to this rule reflect only wording changes necessitated by the Agency name change from Career Service Review Board to the Career Service Review Office. The process of making and fulfilling records requests has not changed. Therefore, these changes will have no impact on the state budget.

local governments:

This Agency does not deal with local government, therefore, there is no cost or savings to local government.

small businesses:

This Agency does not deal with small businesses, therefore, there is no cost or savings to small businesses.

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

This Agency only deals with State agencies and State Schedule B employees.

Compliance costs for affected persons:

This Agency only deals with State agencies and State Schedule B employees.

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

There will be no fiscal impact on businesses.

Robert W. Thompson, Administrator

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

Career Service Review Board
Administration
450 N MAIN ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Robert Thompson at the above address, by phone at 801-538-3047, by FAX at 801-538-3139, or by Internet E-mail at bthompson@utah.gov

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:

06/14/2010

This rule may become effective on:

07/01/2010

Authorized by:

Robert Thompson, Administrator

R137. Career Service Review [Board] Office , Administration.

R137-2. Government Records Access and Management Act.

R137-2-1. Purpose.

The purpose of this rule is to provide procedures for access to government records of the Career Service Review [Board]Office.

 

R137-2-2. Authority.

The authority for this rule is found in Sections 63G-2-204 of the Government Records Access and Management Act (GRAMA) and 63A-12-104 of the Utah Administrative Services Code.

 

R137-2-3. Definitions.

A. "Administrator" means the Administrator of the Career Service Review [Board]Office as set forth at Sections 67-19a-101(1) and 67-19a-204.

B. "[CSRB]CSRO" means the Career Service Review [Board]Office.

[C. "Chairman" means the person mentioned at Section 67-19a-201(5).

D]C. "GRAMA" means the Government Records Access and Management Act as enacted by the 1992 Utah Legislature, Sections 63G-2-101 through 901, Utah Code Annotated.

[E]D. "Records Officer" means the individual responsible to fulfill Section 63G-2-103(25) of the GRAMA.

 

R137-2-4. Records Officer.

A. The records officer for the [CSRB]CSRO shall be the [administrator]administrative assistant.

B. The records officer shall review and respond to requests for access to [CSRB]CSRO records, according to Section 63A-12-103.

 

R137-2-5. Requests for Access.

A. Requests for access to [CSRB]CSRO records shall be in writing and must include the requester's name, mailing address, daytime telephone number if available, and a brief but reasonably specific description of the records being requested. A records access form may be obtained from the [CSRB]CSRO upon request, but this form is not required in order to petition for access to [CSRB]CSRO records.

B. Requests should be directed to [either]the Records Officer[ or Administrator], Career Service Review [Board]Office, 1120 State Office Building, Salt Lake City, UT 84114.

C. The [CSRB]CSRO is not required to respond to requests submitted to the wrong person, agency or location within the time limits set by the GRAMA.

 

R137-2-6. Fees.

A. Reasonable fees may be charged for copies of records provided upon request. Fees for photocopying may be charged as authorized by Section 63G-2-203. A fee schedule may be obtained from the [CSRB office]CSRO by telephoning 801-538-3048 or by making a personal inquiry at the [CSRB ]office during regular business hours.

B. The [CSRB]CSRO may require payment of past fees and future fees before beginning to process a request if fees are expected to exceed $50.00, or if the requester has not paid fees from previous requests.

 

R137-2-7. Waiver of Fees.

Fees for duplication and compilation of a record may be waived under certain circumstances described in Section 63G-2-203(4). Requests for application of a waiver of a fee may be made to the [CSRB]CSRO records officer.

 

R137-2-8. Requests to Amend a Record.

A. An individual may contest the accuracy or completeness of a document pertaining to the requester, pursuant to Section 63G-2-603. Requests to amend a record shall be processed as informal adjudications under the Utah Administrative Procedures Act. All requests to amend a record must include the requester's name, mailing address, daytime telephone number if available, and a brief but reasonably specific description of the record to be amended.

B. Adjudicative proceedings concerning requests to amend a record or records under the GRAMA shall be informal adjudicative proceedings and shall comply with Section 63G-2-401 et seq.

 

R137-2-9. Time Periods under GRAMA.

The provisions of Rule 6 of the Utah Rules of Civil Procedure shall apply to calculate time periods specified in GRAMA.

 

R137-2-10. Appeal of Agency Decision.

A. If a requester is dissatisfied with the [CSRB]CSRO's initial decision, the requester may appeal that decision to the [CSRB chairman]CSRO administrator under the procedures of Section 63G-2-401 et seq.

B. A person may contest the accuracy or completeness of a document pertaining to that individual according to Section 63G-2-603. The initial request must be made to the [CSRB administrator]CSRO administrative assistant. An appeal from the [CSRB administrator's]CSRO administrative assistant's decision may be made to the [CSRB chairman]CSRO administrator under the procedures of Section 63G-2-603.

C. Appeals of requests to amend a record shall be informal adjudications under the Utah Administrative Procedures Act.

 

R137-2-11. Request for Access for Research Purposes.

Access to private or controlled records for research purposes is allowed by GRAMA under Section 63G-2-202(8). Requests for access to such records for research purposes may be made directly to the [CSRB]CSRO records officer.

 

KEY: public records, records access[*]

Date of Enactment or Last Substantive Amendment: [1993]2010

Authorizing, and Implemented or Interpreted Law: 63G-2-101 through 63[g]G -2-901; 63A-12-103 through 63A-12-104; 67-19a-203(8)