No. 35414 (5-year Review): Rule R105-2. Records Access and Management

DAR File No.: 35414
Filed: 11/07/2011 03:44:44 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

The rule is enacted under the authority of the Government Records Access and Management Act (GRAMA), Subsection 63G-2-204(2)(d), which authorizes agencies to make rules specifying where a record request under GRAMA should be submitted. It is also enacted under the authority of Subsection 63A-12-104(2), which allows an agency to make rules specifying which parts of the agency may share records without meeting the requirements of Section 63G-2-206. The rule also notifies potential requesters that those seeking records of client agencies of the Attorney General's Office should seek them directly from that client agency, under the authority of Subsection 67-5-15(1). Finally, because the Attorney General is a constitutional office, the position has been taken by some that the Attorney General is not subject to the requirements of the Rulemaking Act. The Attorney General's constitutional authorities -- Utah Const. Art VII Sections 1 and 16 -- are also provided.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments supporting or opposing this rule have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Specifying the address for receipt of GRAMA requests helps ensure that requests won't go astray and, under Subsection 63G-2-204(7), and ensures that the Office will get the full time established by statute to respond to a GRAMA request. It also allows the Office to be treated as a single entity for purposes of record sharing. And it provides notice to requesters that they must seek records belonging to a client agency from the client agency, potentially saving time for both the requester and the Attorney General's Office. The Attorney General's Office has recently amended the rule to change addresses specified in the rule, to notify requesters that some records must be sought from the client agency, to eliminate language stating that many records of the Attorney General are private or protected, and to clarify language. Therefore, this rule should be continued.

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

Attorney General
Administration
Room 230 UTAH STATE CAPITOL
350 NORTH STATE STREET
SALT LAKE CITY, UT 84114

Direct questions regarding this rule to:

• Laura Lockhart at the above address, by phone at 801-366-0283, by FAX at 801-366-0292, or by Internet E-mail at [e-mail]

Authorized by:

John Swallow, Deputy Attorney General

Effective:

11/07/2011

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