File No. 35195

This rule was published in the September 15, 2011, issue (Vol. 2011, No. 18) of the Utah State Bulletin.


Attorney General, Administration

Rule R105-2

Records Access and Management

Notice of Proposed Rule

(Amendment)

DAR File No.: 35195
Filed: 08/30/2011 12:20:25 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose for the rule is to provide information about requests and appeals to the Attorney General's Office under the Government Records Access and Management Act (Sections 63G-2-101 through 63G-2-901). The purpose for this amendment is to update that information to reflect changes in the Attorney General's Office, and to clarify language.

Summary of the rule or change:

The proposed rule changes the name and address of the GRAMA contact, and changes addresses where an appeal should be directed. It also adds language clarifying that, by statute, a requester must seek certain records from the Attorney General's client agencies. Finally, it eliminates language stating that many records of the Attorney General's Office are private or protected; while that continues to be true, it is unnecessary to have that information in a rule.

State statutory or constitutional authorization for this rule:

  • Subsection 63A-12-104(2)
  • Subsection 63G-2-204(2)(d)
  • Art VII, Sec 16
  • Art VII, Sec 1

Anticipated cost or savings to:

the state budget:

There will be no impact on the state budget. This amendment simply provides new contact information, clarifies language, and provides notice of statutory provisions governing the Attorney General's response to GRAMA requests.

local governments:

There will be no impact on the local government budgets. This amendment imposes no regulatory or other burden on local governments. It simply provides new contact information, clarifies language, and provides notice of statutory provisions governing the Attorney General's response to GRAMA requests.

small businesses:

There will be no impact on the small business. This amendment imposes no regulatory or other burden on small business. It simply provides new contact information, clarifies language, and provides notice of statutory provisions governing the Attorney General's response to GRAMA requests.

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

There will be no impact on the persons other than small business, business or local government entities. This amendment imposes no regulatory or other burden on any person. It simply provides new contact information, clarifies language, and provides notice of statutory provisions governing the Attorney General's response to GRAMA requests.

Compliance costs for affected persons:

There will be no cost for compliance for affected persons. This amendment imposes no regulatory or other burden on any person. It simply provides new contact information, clarifies language, and provides notice of statutory provisions governing the Attorney General's response to GRAMA requests.

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

There will be no cost for compliance for any person because this amendment imposes no regulatory or other burden on any person. It simply provides new contact information, clarifies language, and provides notice of statutory provisions governing the Attorney General's response to GRAMA requests.

John Swallow, Chief Deputy Attorney General

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

Attorney General
Administration
Room E320 EAST BUILDING
420 N STATE ST
SALT LAKE CITY, UT 84114-2320

Direct questions regarding this rule to:

  • Laura Lockhart at the above address, by phone at 801-366-0283, by FAX at 801-366-0292, 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:

10/17/2011

This rule may become effective on:

10/24/2011

Authorized by:

John Swallow, Deputy Attorney General

RULE TEXT

R105. Attorney General, Administration.

R105-2. Records Access and Management.

R105-2-1. Purpose.

This rule [establishes procedures regarding operation of the Government Records Access and Management Act within the Office of the Attorney General]provides information about submitting requests and appeals to the Attorney General's Office under the Government Records Access and Management Act.

 

[R105-2-2. Authority.

This rule is authorized by 63-2-204(2) and 63-2-904(2).

 

] R105-2-[3]2. Requests for Access.

[ Most records of the Office of the Attorney General are classified as protected or private and may only be released to those specified in 63-2-202.

]All requests for records shall be directed to[ the Public Information Officer at the following address]:

 

TABLE


(If by hand delivery)

[               Public Information Officer
               Office of the Attorney General
               236 State Capitol Building
               Salt Lake City, Utah 84114
]
GRAMA Information Officer
Office of the Attorney General
Utah State Capitol Complex
350 North State Street Suite 230
Salt Lake City, Utah 84114

(If by mail)

GRAMA Information Officer
Office of the Attorney General
PO Box 142320
Salt Lake City, Utah 84114-2320

(If by email)

GRAMA Information Officer
[email protected]

 

[The Public Information Officer will then direct the request to the division that maintains the requested record. The division chief of such division shall be responsible to respond to the request as required by Section 63-2-204(3).

]

R105-2-[4]3. Appeals.

Appeals regarding questions of access to records shall be directed to:[as listed below.]

 

TABLE


[     Appeals from:                 Directed to:

     Appeals Division, Child        Solicitor General
     Protection Division, Child     Office of the Attorney General
     and Family Support Division,   236 State Capitol Building
     Education Division,            Salt Lake City, Utah 84114
     Litigation Division and
     Natural Resources Division

     Administration, Children's     Chief Deputy Attorney General
     Justice Division, Consumer     Office of the Attorney General
     Rights Division, Criminal      236 State Capitol Building
     Division, Environment          Salt Lake City, Utah 84114
     Division, Executive,
     Financial Crimes Unit,
     Investigations, Prosecution
     Council, Public Affairs
     Division and Tax and
     Revenue Division
]
(If by hand delivery)

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

(If by mail)

GRAMA Appeal
Office of the Attorney General
PO Box 142320
SLC UT 84114-2320


(If by email)

GRAMA Information Officer
[email protected]

 

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 67-5-15(1).

 

R105-2-5. Record Sharing.

For the purpose of record sharing between governmental entities as provided in [63-2-206]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: [1992]2011

Notice of Continuation: June 5, 2007

Authorizing, and Implemented or Interpreted Law: 63-2-204; 63-2-904

 


Additional Information

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/2011/b20110915.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 (e.g., [example]). Text to be added is underlined (e.g., 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 Laura Lockhart at the above address, by phone at 801-366-0283, by FAX at 801-366-0292, or by Internet E-mail at [email protected].