Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R13. Administrative Services, Administration.

Rule R13-2. Management of Records and Access to Records.

As in effect on October 1, 2019

Table of Contents

R13-2-1. Authority and Purpose.

Under authority of Section 63A-12-104 and 63G-2-204(2)(d), this rule specifies how permanent and historical records in the custody of the Division of Archives and Records Service may be accessed, at what level the requirements of Title 63A, Chapter 12 are undertaken, and where and to whom requests for access to records shall be directed.

R13-2-2. Definitions.

Terms used in this rule are defined in Section 63G-2-103. Additional terms are defined as follows:

(1) "Department" means the Department of Administrative Services created by Section 63A-1-104.

(2) "Division" means a division of the Department of Administrative Services listed in Section 63A-1-109.

R13-2-3. Public Records Management Duties.

The department shall undertake the duties specified in Section 63A-12-103 at the division level, and at the department level by the executive director's office for areas not otherwise under the function of a division.

R13-2-4. Requests for Access.

(1) Except as provided by Section R13-2-8 regarding access to permanent or historical records in the custody of the Division of Archives and Records Service, a request for access to records shall be made in writing, include the information required by Section 63G-2-204, and be directed to the records officer of the division which the requester believes possesses the records.

(2) Requests may be submitted to:

(a) Administrative Services, including the Executive Director's Office, and the Office of Child Welfare Parental Defense, 3120 State Office Building, Salt Lake City, UT 84114.

(b) Administrative Rules, PO Box 141007, Salt Lake City, UT 84114-1007.

(c) Archives and Records Service, 346 S. Rio Grande Street, Salt Lake City, UT 84101-1106.

(d) Facilities Construction and Management, 4110 State Office Building, Salt Lake City, UT 84114.

(e) Finance, including the Office of State Debt Collection, and Consolidated Budget and Accounting, 2110 State Office Building, Salt Lake City, UT 84114.

(f) Fleet Operations, 4120 State Office Building, Salt Lake City, UT 84114.

(g) Purchasing and General Services, including the Surplus Property Program, 3150 State Office Building, Salt Lake City, UT 84114.

(h) Risk Management, 5120 State Office Building, Salt Lake City, UT 84114.

R13-2-5. Appeal of a Fee Waiver Denial, Access Determination Decision, or Extraordinary Circumstances Claims or Dates.

To appeal the decision of a records officer, a requester shall submit a written notice of appeal providing information required by Subsection 63G-2-401(2) to the department's designated chief administrative officer for GRAMA appeals: DAS GRAMA Appeals Officer, Division of Administrative Rules, PO Box 141007, Salt Lake City, UT 84114-1007.

R13-2-6. Fees.

(1) A schedule of fees that may be charged in response to a records request may be obtained by contacting the records officer. The fee schedule is also available in the annual appropriations bill and posted on the department's website at http://www.das.utah.gov/.

(2) Fees for providing a record may be waived under certain circumstances described in Subsection 63G-2-203(4). A request for a fee waiver shall be made in writing to the records officer as part of the records request.

R13-2-7. Forms.

(1) Request and appeal forms are available at http://archives.utah.gov/recordsmanagement/forms/forms-grama.html, or from the records officer.

(2) These forms are provided as a convenience, and a requester is not required to use these forms as long as information required by the statute is provided.

R13-2-8. Access to Permanent or Historical Records in the Custody of the Division of Archives and Records Service.

(1) An individual need not submit a formal records request to inspect public records of permanent or historical value stored at the state archives.

(2) An individual may request access to records that are noncurrent records of permanent or historical value in the custody of the state archives. The individual shall direct that request to the state archives' research center, 346 S Rio Grande, Salt Lake City, UT 84101-1106.

(3) If the requester is dissatisfied with the initial decision rendered by the research center, or if the state archives' research center denies access to these records, the requester may appeal the decision to the state archivist under the procedures of Section 63G-2-401 et seq.

KEY

public information, access to information, GRAMA requests, GRAMA appeals

Date of Enactment or Last Substantive Amendment

July 22, 2014

Notice of Continuation

May 29, 2019

Authorizing, Implemented, or Interpreted Law

63G-2-204(2)(d); 63A-12-104


Additional Information

Contact

For questions regarding the content or application of rules under Title R13, please contact the promulgating agency (Administrative Services, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.