No. 29772 (Amendment): R13-2. Access to Records

DAR File No.: 29772
Filed: 04/02/2007, 03:33
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment updates the Department's administrative rule authorized by the Government Records Access and Management Act (GRAMA). The department determined these amendments were necessary as it reviewed the rule in anticipation of filing a Five-Year Notice of Review and Statement of Continuation.

Summary of the rule or change:

In Section R13-2-2, this proposed amendment reorders the definitions and adds definitions for department and records officer. In Section R13-2-4, this proposed amendment updates the list of divisions and offices within the department making it consistent with Section 63A-1-109. In Section R13-2-5, the text is changed to clarify that an appeal to the department's executive director is available in the event that a division denies or partially denies a request for records. In Section R13-2-6, language is changed to make it consistent with the statutory provisions related to fees. Finally, Section R13-2-8 is added to clarify how individuals may access records in the custody of the Division of Archives and Records Service.

State statutory or constitutional authorization for this rule:

Subsections 63-2-204(2)(d) and 63-2-904(2)

Anticipated cost or savings to:

the state budget:

This proposed amendment has no impact to the state budget. It updates and clarifies existing provisions, and makes the rule consistent with statute. Any costs associated with responding to records requests are covered by fees approved by the Legislature in the annual appropriations act.

local governments:

This proposed amendment will have no impact to local government. It updates and clarifies existing provisions, and makes the rule consistent with statute. Any fees associated with obtaining records are approved by the Legislature in the annual appropriations act.

other persons:

This proposed amendment will have no impact to other persons. It updates and clarifies existing provisions, and makes the rule consistent with statute. Any fees associated with obtaining records are approved by the Legislature in the annual appropriations act.

Compliance costs for affected persons:

There are no compliance costs imposted by the rule. Any fees associated with obtaining records are approved by the Legislature in the annual appropriations act.

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

The proposed amendments to this rule will not impose any costs on businesses. Kimberly K. Hood, Executive Director

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

Administrative Services
Administration
Room 3120 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

Direct questions regarding this rule to:

Kenneth A. Hansen at the above address, by phone at 801-538-3777, by FAX at 801-538-1773, 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:

05/15/2007

This rule may become effective on:

05/22/2007

Authorized by:

Kim Hood, Executive Director

RULE TEXT

R13. Administrative Services, Administration.

R13-2. Access to Records.

R13-2-1. Purpose and Authority.

Under authority of [Sections]Subsections 63-2-204(2)(d), and 63-2-904(2)[, and Title 63, Chapter 46a], this rule provides procedures for access and denial of access to government records.

 

R13-2-2. Definitions.

Terms used in this rule are defined in Section 63-2-103. Additional terms are defined as follows:

(1) ["Records officer" means the individual appointed by the division to fulfill the function of Subsection 63-2-103(21).

(2) ]"Department" means the Department of Administrative Services.

(2) "Division" means a division of the Department of Administrative Services.

(3) "Office" means an office of the Department of Administrative Services.

 

R13-2-3. Records Officer.

Each division director shall comply with Section 63-2-903 and shall appoint a records officer to perform the following functions:

(a) [T]the duties set forth in Section 63-2-903; and

(b) [R]review and respond to requests for access to division records.

 

R13-2-4. Requests for Access.

(1) Except as provided by R13-2-8 , a [Requests]request for access to records [should]shall be directed to the records officer of the office or division which the requester believes generated or possesses the records.

(2) The offices and divisions of the department are as described in Sections 63A-1-104 and 63A-1-109 [and 63A-8-201 ]and are located [as follow]at the corresponding address indicated below:

(a) Administrative Services [Administration]Executive Director's Office, 3120 State Office Building, Salt Lake City, [Utah]UT 84114.

(b) Administrative Rules, 4120 State Office Building, Salt Lake City, [Utah]UT 84114.

(c) Archives and Records Service, 346 S. Rio Grande Street, Salt Lake City, [Utah]UT 84101-1106.

(d) Child Welfare Parental Defense, 3120 State Office Building, Salt Lake City, UT 84114.

(e) Debt Collection, 5110 State Office Building, Salt Lake City, UT 84114.

[(d)](f) Facilities Construction and Management, 4110 State Office Building, Salt Lake City, [Utah]UT 84114.

[(e)](g) Finance, 2110 State Office Building, Salt Lake City, [Utah]UT 84114.

[(f)](h) Fleet Operations, 4120 State Office Building, Salt Lake City, [Utah]UT 84114.

[(g) Information Technology, 6000 State Office Building, Salt Lake City, Utah.

(h) ](i)Purchasing and General Services, 3150 State Office Building, Salt Lake City, [Utah]UT 84114.

[(i)](j) Risk Management, 5120 State Office Building, Salt Lake City, [Utah]UT 84114.

[(j)](k) Surplus Property, Division of Fleet Operations, 4120 State Office Building, Salt Lake City, [Utah]UT 84114.[

(k) Debt Collection, 5110 State Office Building, Salt Lake City, Utah.

(l) Child Welfare Parental Defense, 5100 State Office Building, Salt Lake City, Utah.

(3) The division is not required to respond to requests submitted to the wrong person or location within the time limits set by the Government Records Access and Management Act (Section 63-2-101)].

 

R13-2-5. Appeal of [Agency]Office or Division Decision.

(1) Except as provided by R13-2-8, if[If] a requester is dissatisfied with the [agency's] initial decision rendered by an office or division, the requester may appeal the decision to the [corresponding division]department executive director under the procedures of Section 63-2-401 et seq.

(2) An individual may contest the accuracy or completeness of a document pertaining to that individual pursuant to Section 63-2-603. [The]This type of request [should]shall be made to the records officer.

 

R13-2-6. Fees.

(1) A fee schedule for the [direct]actual costs of [duplicating or compiling]providing a record may be obtained from [the ]an office or division by contacting the records officer. The fee schedule is also available in the annual appropriations bill.

(2) Fees for [duplication and compilation of]providing a record may be waived under certain circumstances described in Subsection 63-2-203[(3)](4). Requests for this waiver of fees may be made to the records officer.

 

R13-2-7. Forms.

Request forms are available from the records officer of each office or division.

 

R13-2-8. Access to Records in the Custody of the Division of Archives and Records Service.

(1) An individual need not submit a formal records request to inspect public records of permanent or historical value stored at the state archives.

(2) An individual may request access to records that are noncurrent records of permanent or historical value in the custody of the state archives. The individual shall direct that request to the state archives' research center, 346 S Rio Grande, Salt Lake City, UT 84101-1106.

(3) If the requester is dissatisfied with the initial decision rendered by the research center, or if the state archives' research center denies access to these records, the requester may appeal the decision to the state archivist under the procedures of Section 63-2-401 et seq.

 

KEY: freedom of information, public information, confidentiality of information, access to information

Date of Enactment or Last Substantive Amendment: [December 21, 2004]2007

Notice of Continuation: May 31, 2002

Authorizing, and Implemented or Interpreted Law: 63-2-204(2)(d), 63-2-904(2)[63-2-101 et seq.]