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 August 1, 2019, please see the codification segue page.

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


R982. Workforce Services, Administration.

Rule R982-800. Utah Data Research Center.

As in effect on August 1, 2019

Table of Contents

R982-800-101. Background; Definitions.

(1) The rules in this chapter govern data research requests made to the Utah Data Research Center established pursuant to Utah Code Ann. Section 35A-14-101 et seq.

(2) Terms used in these rules that are defined in Section 35A-14-101 et seq. have the same definitions as stated in those statutes.

(3) In addition, the following definitions apply:

(a) "Primary requester" means one of the following, as set forth in Utah Code Ann. Subsection 35A-14-302(3)(a):

(i) A legislative committee or a legislative staff office;

(ii) The governor or an executive branch agency;

(iii) The State Board of Education;

(iv) The State Board of Regents; or

(v) The Utah College of Applied Technology.

(b) "Ancillary requester" means one of the following, as set forth in Utah Code Ann. Section 35A-14-302:

(i) A state government entity that is not a primary requester;

(ii) A political subdivision of the state;

(iii) A private entity; or

(iv) A member of the public.

(c) "Requester" means a person making a data research request.

R982-800-102. Data Research Request Procedures.

(1) Data research requests shall be submitted via an electronic form available on the center's website.

(2) Each data research request must include the information set forth in Section R982-800-104. If the requester fails to include that information:

(a) In the case of a primary requester, the center shall seek the necessary additional information and clarification from the requester, and may decline to act on the request until the necessary additional information and clarification is received;

(b) In the case of an ancillary requester, the center may:

(i) Seek the necessary additional information and clarification from the requester, and may decline to act on the request until the necessary additional information and clarification is received; or

(ii) Deny the request and provide to the requester the reason(s) for the denial of the request.

(3)(a) If the center accepts a data research request from an ancillary requester, the center shall submit to the ancillary requester a payment agreement setting forth at least the following:

(i) The reasonable estimated cost of completing the data research request; and

(ii) The obligation of the ancillary requester to pay the full cost of completing the data research request, even if the full cost differs from the reasonable estimated cost.

(b) The ancillary requester shall execute the payment agreement and return it to the center. If the ancillary requester fails or refuses to execute and return the payment agreement, the center may decline the data research request.

R982-800-103. Criteria for Priority of Data Research Requests.

(1) The director, with consultation by the advisory board, shall use the following criteria to determine the priority of the data research requests the center receives:

(a) The type of requester;

(b) The potential of the requester's research to lead to meaningful policy changes or other meaningful impacts for members of the general public; and

(c) The availability of the data being requested.

(2) The director, with consultation by the advisory board, shall evaluate the criteria described in Subsection (1) and assign a numerical score for each data research request. The data research request with the highest score shall be given the highest priority. Remaining data research requests are sorted in order thereafter.

(3) The director, with consultation by the advisory board, may, in his or her discretion, deviate from the criteria described in Subsection (1) if the requester makes a showing of compelling public interest sufficient to justify deviating from the criteria.

R982-800-104. Information Required for Data Research Requests.

(1) The following information shall be included in every data research request:

(a) The name of the requester;

(b) The agency or organization with which the requester is affiliated, if any;

(c) The requester's thesis, together with the research question(s) the requester is seeking to answer, described in sufficient detail to allow the center to properly evaluate the request;

(d) A specific description of the data the requester is seeking, including the date range(s) and the variable(s) being studied; and

(e) Any applicable timeframes or deadlines by which the requester seeks to obtain the data being requested.

(2) The center may request other information in addition to the information listed in Subsection (1).

KEY

Utah Data Research Center, data research requests

Date of Enactment or Last Substantive Amendment

March 1, 2018

Authorizing, Implemented, or Interpreted Law

35A-14-302


Additional Information

Contact

For questions regarding the content or application of rules under Title R982, please contact the promulgating agency (Workforce 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.