No. 31473: R137-2. Government Records Access and Management Act

DAR File No.: 31473
Filed: 05/21/2008, 03:16
Received by: NL

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:

Section 63G-2-204 of the Government Records Access and Management Act allows a governmental entity to make rules specifying where and to whom requests for access to records shall be directed. Section 63G-2-203 allows entities to charge reasonable fees to cover actual costs of duplicating a record; therefore our rule allows for these charges and waivers of these charges when necessary. The rule also delineates a way for records to be amended and for a denial of access to be appealed.

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

During the past five years, no written comments have been received concerning this rule from either the public or any state agency.

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

While many of the agency's documents are public, some are classified as private or protected. For this reason, the agency must have rules in place to allow those who desire access to our records a legal means to do so. The rule outlines the process required to obtain any document. It also provides a legal basis for the agency to deny access to documents that are not legally available. 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:

Career Service Review Board
Administration
Room 1120 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

Direct questions regarding this rule to:

Robert W. Thompson at the above address, by phone at 801-538-3047, by FAX at 801-538-3139, or by Internet E-mail at [e-mail]

Authorized by:

Robert W. Thompson, Administrator