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.


R895. Technology Services, Administration.

Rule R895-1. Access to Records.

As in effect on October 1, 2019

Table of Contents

R895-1-1. Purpose and Authority.

Under authority of Sections 63G-2-204, and 63A-12-104, and Title 63G, Chapter 3, this rule provides procedures for access and denial of access to government records.

R895-1-2. Definitions.

(1) "Department" means the Department of Technology Services.

(2) "Non-Department Record" means a record that is maintained for another entity by the department but is not the property of the department.

(3) "Records officer" means the individual appointed by the executive director to fulfill the function of Subsection 63G-2-103.

R895-1-3. Records Officer.

(1) The executive director shall appoint a records officer to perform the following functions:

(a) The duties set forth in Section 63A-12-103; and

(b) Review and respond to requests for access to department records.

R895-1-4. Requests for Access.

(1) Request for access to records shall be on a form provided by the department or in another legible written document which contains the following information: the requester's name, mailing address, daytime telephone, a description of the records requested that identifies the record with reasonable specificity, and if the record is not public, information regarding requester's status.

(2) The request shall be submitted to the department records officer. The response to the request may be delayed if not properly directed.

(3) The department shall deny a request for access to non-department records. The records officer, with written permission from the executive director, may redirect a request for non-department records to the owner of the records.

(4) The department shall deny a request for private, controlled, protected or limited access records if the request is not made in writing and does not contain information required in this section.

(5) Notwithstanding the provision of subsection 63G-2-204, the department may, at its discretion, waive the requirement for a written request if the records requested are public, the records are readily accessible and the request is filled promptly by providing access or copying at the time the request is made.

R895-1-5. Appeal of Agency Decision.

(1) If a requester is dissatisfied with the department's initial decision, the requester may appeal the decision to the executive director under the procedures of Section 63G-2-401 et seq.

(2) An individual may contest the accuracy or completeness of a document pertaining to that individual pursuant to Section 63G-2-603. The request should be made to the records officer.

R895-1-6. Fees.

(1) A fee schedule for the direct costs of duplicating or compiling a record may be obtained from the department by contacting the records officer.

(2) Fees for duplication and compilation of a record may be waived under certain circumstances described in Subsection 63G-2-203. Requests for this waiver of fees may be made to the records officer.

R895-1-7. Forms.

Request forms are available from the records officer of the department.

KEY

freedom of information, public information, confidentiality of information, access to information

Date of Enactment or Last Substantive Amendment

July 25, 2006

Notice of Continuation

September 11, 2015

Authorizing, Implemented, or Interpreted Law

63G-3-201; 63F-1-206; 63G-2-101 et seq.


Additional Information

Contact

For questions regarding the content or application of rules under Title R895, please contact the promulgating agency (Technology 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.