No. 34438 (5-year Review): Rule R895-1. Access to Records  

  • DAR File No.: 34438
    Filed: 02/15/2011 12:42:53 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:

    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. Subsection 63G-2-204(d) authorizes a governmental entity to make a rule specifying where and to whom requests for access shall be directed. Subsection 63A-12-104(2) authorizes a governmental entity that includes divisions, boards, departments, committees, commissions, or other subparts that fall within the definition of a governmental entity under this chapter, may, by rule, specify at which level the requirements specified in this chapter shall be undertaken. Title 63G, Chapter 3, authorizes agencies rulemaking authority.

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

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

    As stated in Section 63A-12-104, the agency may by rule specify at which level the requirements shall be undertaken. It is imperative for the agency to be able to specify by rule the process for obtaining records, as the agency has access to, but does not own, many non-department records. 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:

    Technology Services
    Administration
    450 N STATE ST
    SALT LAKE CITY, UT 84114

    Direct questions regarding this rule to:

    Authorized by:

    J Stephen Fletcher, CIO and Executive Director

    Effective:

    02/15/2011


Document Information

Effective Date:
2/15/2011
Publication Date:
03/01/2011
Filed Date:
02/15/2011
Agencies:
Technology Services,Administration
Authorized By:
J Stephen Fletcher, CIO and Executive Director
DAR File No.:
34438
Related Chapter/Rule NO.: (1)
R895-1. Access to Records.