No. 34387 (Amendment): Rule R805-2. Government Records Access and Management Act Procedures

(Amendment)

DAR File No.: 34387
Filed: 01/26/2011 09:06:58 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The main purpose of Rule R805-2 is to establish a straightforward process for the public to follow when making requests to access records held by the University that are subject to the Government Records Access and Management Act (GRAMA). Because much of the information in the current Rule R805-2 is now outdated, the University is updating the rule to ensure that requests are sent to the appropriate locations.

Summary of the rule or change:

The changes to Rule R805-2 describe how the public can make a proper request to access records held by the University of Utah ("University") that are subject to Utah's GRAMA. Many of the provisions in the current Rule R805-2, particularly those setting forth the titles and addresses of University officials to whom the public is directed to send written requests for records subject to GRAMA, are outdated and incorrect. Changes to Rule R805-2 correct these outdated provisions so that the University will be able to process record requests under GRAMA in a more smooth and efficient manner. Moreover, new additions to Rule R805-2 inform the public that access to certain types of records held by the University is governed by federal law (e.g., the Family Educational Rights and Privacy Act or the Health Insurance Portability and Accountability Act) and not GRAMA. Other provisions in the current Rule R805-2 that are not required by GRAMA are also eliminated under these proposed changes.

State statutory or constitutional authorization for this rule:

• Subsection 63G-2-204(2)(d)
• Subsection 63A-12-104(2)
• Section 63G-3-201

Anticipated cost or savings to:

the state budget:

The changes to Rule R805-2 should not result in any additional costs or savings to the state budget. Along with eliminating unnecessary provisions, the changes merely update information in the rule to ensure that proper record requests are sent to the appropriate locations.

local governments:

The changes to Rule R805-2 should not result in any additional costs or savings to local governments. Along with eliminating unnecessary provisions, the changes merely update information in the rule to ensure that proper record requests are sent to the appropriate locations.

small businesses:

The changes to Rule R805-2 should not result in any additional costs or savings to small businesses. Along with eliminating unnecessary provisions, the changes merely update information in the rule to ensure that proper record requests are sent to the appropriate locations.

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

The changes to Rule R805-2 should not result in any additional costs or savings to persons other than small businesses, businesses, or local governmental entities. Along with eliminating unnecessary provisions, the changes merely update information in the rule to ensure that proper record requests are sent to the appropriate locations.

Compliance costs for affected persons:

This rule change should not result in any compliance costs. The changes to Rule R805-2 simply remove unnecessary provisions and update the information relating to the process the public must follow when requesting access to records held by the University that are subject to GRAMA.

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

There should not be any fiscal impact on businesses as a result of these changes to Rule R805-2.

Michael K. Young, President

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

Regents (Board Of)
University of Utah, Administration
201 S PRESIDENTS CIR
SALT LAKE CITY, UT 84112-9009

Direct questions regarding this rule to:

• Robert Payne at the above address, by phone at 801-585-7002, by FAX at 801-585-7007, or by Internet E-mail at [e-mail]

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:

03/17/2011

This rule may become effective on:

03/24/2011

Authorized by:

Robert Payne, Associate General Counsel

RULE TEXT

R805. Regents (Board of), University of Utah, Administration.

R805-2. Government Records Access and Management Act Procedures.

R805-2-1. Purpose.

The purpose of this rule is to establish procedures for the University of Utah in accordance with the Government Records Access and Management Act ("GRAMA").

 

R805-2-2. Authority.

This rule is authorized by Sections [63G-2-204(2)]63A-12-104(2), [63A-12-104(2)]63G-2-204(2)(d), and 63G-3-201 of the Utah Code.

 

R805-2-3. Allocation of Responsibility.

All [departments, institutes, offices, divisions, centers, schools, colleges, related functions and organizations]operating units of the University of Utah, e.g., departments, institutes, offices, divisions, centers, schools, and colleges, shall be considered as a single government al entity for purposes of this rule.

 

[R805-2-4. University Records Officer Designated.

Pursuant to Section 63A-12-103, the University of Utah shall maintain the appointment of a Records Officer, Marriott Library, University of Utah, 84112.

 

]R805-2-[5]4. Requests for Access.

The University of Utah is a governmental entity of the State of Utah and is not an agency of the federal government. As such, the University of Utah is not subject to the federal Freedom of Information Act.

Access to student records held by the University of Utah is governed by the Family Educational Rights and Privacy Act and not GRAMA.

Access to records containing protected health information that are created or maintained by the University of Utah in its capacity as an entity covered by the Health Insurance Portability and Accountability Act ("HIPAA"), as amended, is governed by HIPAA and not GRAMA.

[Requests for access to records held by the University of Utah shall be made in writing.]A person requesting access to a record subject to GRAMA, and held by the University of Utah, must submit a written request that identifies the requested record with reasonable specificity.

The written request must also contain the name, mailing address, and, if available, the daytime telephone number of the person making the request. Such requests shall be directed as follows:

(1) Requests for personnel records [of University Hospital personnel] shall be sent to[: Manager, Hospital Human Resources, Room 140, 421 Wakara Way, University of Utah, Salt Lake City, Utah 84112] the Office of the Chief Human Resources Officer.

(2) Requests [for personnel records of all other personnel]pertaining to financial records shall be sent to[: Director, Personnel Administration, 101 Annex, University of Utah, Salt Lake City, Utah 84112] the Office of the Vice President for Administrative Services.

(3) Requests pertaining to [financial records of the University]purchasing activities shall be sent to[: Director, Finance 408 Park Building, University of Utah, Salt Lake City, Utah 84112] the Director of the University Purchasing Department.

(4) Requests pertaining to [student records]athletics shall be sent to[: University Registrar, 250 N Student Services Building, University of Utah, Salt Lake City, Utah 84112]the Athletics Director.

(5) All other requests shall be sent to the office of the vice[-]president responsible for overseeing the [division]operating unit of the University of Utah in which the records are maintained. [The]A list of those [vice-presidents is as] officials follows.

(a). [Vice President, Budget and Planning, 201 Park Building, University of Utah, Salt Lake City, Utah 84112]Senior Vice President, Academic Affairs.

(b). [Vice President, Health Sciences, 211 Park Building, University of Utah, Salt Lake City, Utah 84112]Senior Vice President, Health Sciences.

(c). [Vice President, Academic Affairs, 205 Park Building, University of Utah, Salt Lake City, Utah 84112]Vice President, Administrative Services.

(d). [Vice President, Research, 210 Park Building, University of Utah, Salt Lake City, Utah 84112]Vice President, General Counsel.

(e). [Vice President, Student Affairs and Services, 208 Park Building, University of Utah, Salt Lake City, Utah 84112]Vice President, Government Relations.

(f). [Vice President, Development, 304 Park Building, University of Utah, Salt Lake City, Utah 84112]Chief Human Resources Officer.

(g). [Vice President, Administrative Services, 209 Park Building, University of Utah, Salt Lake City, Utah 84112]Vice President, Institutional Advancement.

(h). [Vice President, University Relations, 206 Park Building, University of Utah, Salt Lake City, Utah 84112]Vice President, Research.

(i). Vice President, Student Affairs and Services.

A person making a request should consult the University's Web site for current mailing addresses.

 

R805-2-[6]5. [Fees]Appeals from University Determinations.

[As provided by Section 63G-2-203, a fee schedule reflecting actual costs of duplication or compiling a record may be obtained from the Records Officer, 546 Marriott Library, University of Utah 84112]Appeals from University determinations under GRAMA shall be directed to the Records Officer, who has been designated by the University President to hear appeals pursuant to section 63G-2-401(9).

 

R805-2-[7]6 . [Appeals of Access, Classification or Designation Determination ]Fees.

[Appeals of access, classification or designation determinations shall be directed to the Records Officer, 546 Marriott Library, University of Utah 84112, who has been designated by the President to hear appeals on his behalf pursuant to Section 63G-2-401(9)]As allowed by GRAMA, the University of Utah charges fees in connection with its response to a records request. A fee schedule may be obtained from the University Records Officer.

 

[R805-2-8. Appeals of Denial of Request to Amend Record.

A denial of a request to amend a record may be appealed to the Records Officer, who shall act as the presiding officer for such appeals.

 

]KEY: higher education, GRAMA[*], records

Date of Enactment or Last Substantive Amendment: [1993]2011

Notice of Continuation: July 17, 2008

Authorizing, Implemented, or Interpreted Law: 63G-2-204(2); 63A-12-104; 63G-3-201

 

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