DAR File No. 40806

Crime Victim Reparations, Administration

Rule R270-4

Government Records Access and Management Act

Notice of Proposed Rule

(Repeal)

DAR File No.: 40806
Filed: 09/20/2016 03:26:06 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is being repealed as there is not a requirement for a rule relating to the Government Records Access and Management Act (GRAMA). GRAMA is governed by statute, specifically Utah Code Section 63G-2-101 et seq.

Summary of the rule or change:

No changes have been made. The rule is being repealed in its entirety.

Statutory or constitutional authorization for this rule:

• Section 63G-2-101

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget that are expected as a result of the repeal of this rule. GRAMA is governed by statute, specifically Utah Code Section 63G-2-101 et seq.

local governments:

There are no anticipated costs or savings to local government that are expected as a result of the repeal of this rule. GRAMA is governed by statute, specifically Utah Code 63G-2-101 et seq.

small businesses:

There are no anticipated costs or savings to small businesses that are expected as a result of the repeal of this rule. GRAMA is governed by statute, specifically Utah Code Section 63G-2-101 et seq.

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 that are expected as a result of the repeal of this rule. GRAMA is governed by statute, specifically Utah Code Section 63G-2-101 et seq.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons as this rule is being repealed. GRAMA is governed by statute, specifically Utah Code Section 63G-2-101 et seq.

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

There are no anticipated fiscal impacts that repealing this rule may have on businesses. GRAMA is governed by statute, specifically Utah Code Section 63G-2-101 et seq.

Ron Gordon, Executive Director

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

Crime Victim Reparations
AdministrationRoom 200
350 E 500 S
SALT LAKE CITY, UT 84111-3347

Direct questions regarding this rule to:

• Gary Scheller at the above address, by phone at 801-238-2362, by FAX at 801-533-4127, 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:

11/14/2016

This rule may become effective on:

11/21/2016

Authorized by:

Gary Scheller, Director

R270. Crime Victim Reparations, Administration.

[R270-4. Government Records Access and Management Act.

R270-4-1. Responsibility and Authority.

A. Authority for the Office of Crime Victim Reparations rule is found in the Government Records Access and Management Act Section 63G-2-101 et seq.

B. The Office of Crime Victim Reparations will be considered as an agency for the purposes of the Government Records Access and Management Act.

C. The Director of the Office of Crime Victim Reparations will be considered to be the agency head for the purposes of activities under the Government Records Access and Management Act.

D. The Office of Crime Victim Reparations maintains an office at 350 East 500 South, Suite 200, Salt Lake City, Utah 84111.

 

R270-4-2. Requests for Records.

A. Records may be requested by any person desiring access to the Office of Crime Victim Reparations records.

B. Requests should be submitted in writing to the Office of Crime Victim Reparations, Support Services Coordinator.

C. All requests should be made at the agency office listed above, in person during regular office hours or through the U.S. Mail and will be set forth with reasonable specificity:

1. the name of the record requested;

2. the date the record was made;

3. the form in which the record is needed; and

4. the name, address and daytime phone number of the requester.

 

R270-4-3. Fees for Records.

A. The Office of Crime Victim Reparations will charge fees to supply records to all requesters, except as provided in the Section R270-4-4(A) of this rule.

B. Fees for records will reflect actual costs incurred by the Office of Crime Victim Reparations and will follow any policy guidance of the Division of Finance, Department of Administrative Services.

 

R270-4-4. Waiver of Fees for Records.

A. Under the Government Records Access and Management Act Section 63G-2-101 et seq. fees may be waived by the Director under any of the following circumstances:

1. when release of the record, in the opinion of the Director, benefits the public interest;

2. if the individual making the records request is the subject of a record and access is not otherwise restricted under Section 63G-2-101 et seq.;

3. if the requester is an individual specified in Subsection 63G-2-202(1) or 63G-2-202(2); or

4. if the requester's rights are directly implicated by a record and he/she is impecunious.

B. Requests for a waiver of fees should be made in writing to the Director and will set forth the reasons why a requester desires a waiver of fees. The Director may delegate the authority to waive fees.

 

R270-4-5. Classification and Release of Records and Exceptions.

A. Records of the Office of Crime Victim Reparations will be classified and released in accordance with the Government Records Access and Management Act.

B. All records of the Office of Crime Victim Reparations which are not public as described in the Government Records Access and Management Act will be maintained according to and as authorized under the Government Records Access and Management Act.

C. Any person denied access to records of the Office of Crime Victim Reparations under the procedures outlined in the Government Records Access and Management Act has the opportunity to appeal to the Director for access to a particular record. Appeals will be in writing and include:

1. a description of the record requested;

2. an explanation of how the release of the record would serve the interest of the public and how, in the appellant's opinion, the public's interest outweighs the privacy interests of restricted access;

3. the identity of the requester and an address where he/she may be contacted.

D. The Office of Crime Victim Reparations will share its records with other agencies on a case-by-case basis in accordance with the provisions of Section 63G-2-206.

 

R270-4-6. Responses to Requests for Records.

A. Responses to requests for records by the agency should be in writing and will be performed in accordance with the provisions of the Government Records Access and Management Act Section 63G-2-101 et seq.

B. The Office of Crime Victim Reparations may respond to the requests for information by means of prepared forms.

 

KEY: government records access

Date of Enactment or Last Substantive Amendment: 1994

Notice of Continuation: May 12, 2014

Authorizing, and Implemented or Interpreted Law: 63G-2-101 et seq.]