No. 28747 (New Rule): R895-1. Access to Records

DAR File No.: 28747
Filed: 05/18/2006, 11:56
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Department of Technology Services (DTS) is developing rules required and/or authorized by the Utah Technology Governance Act (Section 63F-1-101, et seq.) and/or the Utah Administrative Rulemaking Act (Section 63-46a-1, et seq.). The department has determined that a rule defining the process for handling requests for access to DTS records is necessary and will better serve customers.

 

Summary of the rule or change:

This proposed new rule lists criteria for accessing DTS records.

 

State statutory or constitutional authorization for this rule:

Sections 63-46a-3, 63-2-904, and 63F-1-206

 

Anticipated cost or savings to:

the state budget:

This rule will not result in an increase cost or savings to the state, however, there may be a de minimis costs to the state for work performed by the department's Records Officer. Any costs to the department for work performed by the department's Records Officer will be allocated to the department's administrative operations budget.

 

local governments:

None--This rule does not impose a mandatory fee upon a local governmental entity. Additionally, local government entities may choose a no-cost or de minimis cost method for submitting a records request to the department. Therefore, it is anticipated that there will be no costs or savings to local government.

 

other persons:

None--This rule does not impose a mandatory fee upon a person. Additionally, a person may choose a no-cost or de minimis cost method for submitting a records request to the department. Therefore, it is anticipated that there will be no costs or savings to any person.

 

Compliance costs for affected persons:

This rule does not impose a mandatory fee for a request for records, nor does it directly impose a costs to persons who submit a request for records. Additionally, affected persons may choose a no-cost or de minimis cost method for submitting a record request to the department. Therefore, it is anticipated that there will not be a compliance costs to any person.

 

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

This rule has no fiscal impact on business. J. Stephen Fletcher, CIO/Executive Director

 

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

Technology Services
Administration
Room 6000 STATE OFFICE BUILDING
450 N MAIN ST
SALT LAKE CITY UT 84114

 

Direct questions regarding this rule to:

Randy Hughes or William Shiflett at the above address, by phone at 801-537-9071 or 801-538-3548, by FAX at 801-538-1547 or 801-538-9787, or by Internet E-mail at [e-mail] or [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:

07/17/2006

 

This rule may become effective on:

07/25/2006

 

Authorized by:

J Stephen Fletcher, CIO and Executive Director

 

 

RULE TEXT

R895. Technology Services, Administration.

R895-1. Access to Records.

R895-1-1. Purpose and Authority.

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

 

R895-1-2. Definitions.

(1) "Department" means the Department of Technology Services.

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

(3) "Non-Department Record" means a record that is maintained for another entity by the department but is not the property of the department.

(4) "Records officer" means the individual appointed by the executive director to fulfill the function of Subsection 63-2-103.

 

R895-1-3. Records Officer.

(1) The executive director shall appoint a records officer to perform the following functions:

(a) The duties set forth in Section 63-2-903; and

(b) Review and respond to requests for access to department records.

 

R895-1-4. Requests for Access.

(1) Request for access to records shall be on a form provided by the department or in another legible written document which contains the following information: the requester's name, mailing address, daytime telephone, a description of the records requested that identifies the record with reasonable specificity, and if the record is not public, information regarding requester's status.

(2) The request shall be submitted to the department records officer. The response to the request may be delayed if not properly directed.

(3) The department shall deny a request for access to non-department records. The records officer, with written permission from the executive director, may redirect a request for non-department records to the owner of the records.

(4) The department shall deny a request for private, controlled, protected or limited access records if the request is not made in writing and does not contain information required in this section.

(5) Notwithstanding the provision of subsection 63-2-204, the department may, at its discretion, waive the requirement for a written request if the records requested are public, the records are readily accessible and the request is filled promptly by providing access or copying at the time the request is made.

 

R895-1-5. Appeal of Agency Decision.

(1) If a requester is dissatisfied with the department's initial decision, the requester may appeal the decision to the 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 request should be made to the records officer.

 

R895-1-6. Fees.

(1) A fee schedule for the direct costs of duplicating or compiling a record may be obtained from the department by contacting the records officer.

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

 

R895-1-7. Forms.

Request forms are available from the records officer of the department.

 

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

Date of Enactment or Last Substantive Amendment: 2006

Authorizing, and Implemented or Interpreted Law: 63-46a-3; 63F-1-206; 63-2-101 et seq.