DAR File No. 41769

This rule was published in the July 1, 2017, issue (Vol. 2017, No. 13) of the Utah State Bulletin.


Education, Administration

Rule R277-103

USOE Government Records and Management Act

Notice of Proposed Rule

(Repeal)

DAR File No.: 41769
Filed: 06/09/2017 12:16:39 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-103 is repealed because it is largely repetitive of provisions Title 63G, Chapter 2, Government Records Access and Management Act.

Summary of the rule or change:

Rule R277-103 provides procedures for appropriate public access to government records, which is already laid out in Title 63G, Chapter 2, Government Records Access and Management Act. Consequently, Rule R277-103 is repealed in its entirety.

Statutory or constitutional authorization for this rule:

  • Section 53A-1-401
  • Art X, Sec 3

Anticipated cost or savings to:

the state budget:

Repealing Rule R277-103 will likely not result in a cost or savings to the state budget. The language in this rule is largely repetitive of provisions in state law.

local governments:

Repealing Rule R277-103 will likely not result in a cost or savings to local government. The language in this rule is largely repetitive of provisions in state law.

small businesses:

Repealing Rule R277-103 will likely not result in a cost or savings to the small businesses. The language in this rule is largely repetitive of provisions in state law.

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

Repealing Rule R277-103 will likely not result in a cost or savings to the persons other than small businesses, businesses, or local government entities. The language in this rule is largely repetitive of provisions in state law.

Compliance costs for affected persons:

Repealing Rule R277-103 will likely not result in any compliance costs for affected persons. The language in this rule is largely repetitive of provisions in state law.

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

After conducting a thorough analysis, it was determined that repealing this rule will not result in a fiscal impact to businesses.

Sydnee Dickson, State Superintendent

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

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

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:

07/31/2017

This rule may become effective on:

08/07/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

RULE TEXT

R277. Education, Administration.

[ R277-103. USOE Government Records and Management Act.

R277-103-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "GRAMA" means the Government Records and Management Act as enacted by the 1992 Utah Legislature, Sections 63G-2-201 through 6G-2-310.

C. "LEA" means a local education agency, including local school boards/public school districts, charter schools, and, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

D. "Superintendent" means the State Superintendent of Public Instruction.

E. "USOE" means the Utah State Office of Education.

 

R277-103-2. Authority and Purpose.

A. This rule is authorized by Section 63G-2-204 which allows a governmental entity to make rules regarding the entity's records and by Section 53A-1-401(3) which authorizes the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to provide procedures for appropriate public access to government records.

 

R277-103-3. Allocation of Responsibilities Within the USOE.

Both the USOE and the Board shall be considered a single governmental entity for the purposes of this rule and the Superintendent shall be considered the head of the entity.

 

R277-103-4. Requests for Access.

A. Requests for access to USOE government records should be written and directed to the USOE Records Officer, 250 East 500 South, P.O Box 144200, Salt Lake City, Utah 84111-4200.

B. Response to a request submitted to persons other than the designee or not made in writing may be delayed.

C. Appeals to access determinations shall be directed to the Deputy Superintendent of Public Instruction according to time limits and provisions of Section 63G-2-401.

 

R277-103-5. Fees.

A. A fee schedule for the direct and indirect costs of duplicating or compiling a record may be obtained from the USOE by contacting the designated Records Officer located at 250 East 500 South, Salt Lake City, Utah 84111.

B. Payment of past fees or future estimated fees expected to exceed $50.00 or both may be required before the USOE Records Officer begins to process a request.

C. There shall be no charge made by the Board or the USOE for:

(1) inspection of records;

(2) a reasonable request that requires the segregation of records; or

(3) an inspection of the requested records to determine the requester's right to access.

D. Waiver of Fees

(1) Fees for duplication and compilation of a record may be waived under the circumstances described in Section 63G-2-203(4) or other circumstances as determined by the USOE on a case by case basis, including cumulative costs of less than $2.00, for use by LEAs or other entities under the general control of the Board, or an affidavit from the requester claiming impecuniosity.

(2) Requests for waivers shall be made to the designated USOE Records Officer.

 

R277-103-6. The USOE as Custodian of District Records.

A. When the USOE acts as the custodian of LEA records and does not regularly use or access that LEA's data or information, the USOE may refer requests for that information to the LEA.

B. If the USOE acts as a custodian of records, information or data for LEAs, the USOE shall request from those LEAs the following:

(1) Designation of what data may be provided to whom upon request;

(2) Notice of classification(s) if the data are classified; and

(3) The name and title of an LEA records officer or contact person to whom the USOE shall direct requests for access to the information or records.

 

R277-103-7. Other Requests.

A. For Research Purposes

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

(2) Such requests shall be made to the designated Records Officer.

B. To Amend a Record

(1) An individual may contest the accuracy or completeness of a document pertaining to him owned by the USOE pursuant to Section 63G-2-603.

(2) The request to amend shall be made in writing to the designated Records Officer.

(3) Appeals of requests to amend a record shall be handled as informal hearings under the Utah Administrative Procedures Act, Section 63G-4.

 

KEY: student government records

Date of Enactment or Last Substantive Amendment: September 21, 2012

Notice of Continuation: August 1, 2012

Authorizing, and Implemented or Interpreted Law: 63G-2-101 through 310; 63G-2-204; 63G-4; 53A-1-401(3) ]


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/2017/b20170701.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 Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.