DAR File No. 28714

Corrections, Administration

R251-111

Government Records Access and Management

NOTICE OF PROPOSED RULE

DAR File No.: 28714
Filed: 05/04/2006, 12:51
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is due for the five-year review and after the review, it was determined that changes needed to be made that require additional procedures for requesting and receiving records from Corrections by electronic means.

Summary of the rule or change:

This rule change adds the ability for the public, or other agencies, to submit electronic requests for records, and for the Department to send the records by electronic means.

State statutory or constitutional authorization for this rule:

Subsection 63-2-201(12), and Sections 63-2-204, 63-2-904, 64-13-27, 46-4-501, and 46-4-502

Anticipated cost or savings to:

the state budget:

There will be no cost, or savings, to the State budget because this change does not mandate the use of electronic (e-mail) records requests. The State already has e-mail capability in use, and this change will only affect one e-mail address in State government. The number of new e-mails is directly off-set by the number of mail requests not sent. The major cost of Government Records Access and Management Act (GRAMA) requests is due to the time researching the request, not the method of the request.

local governments:

There is no mandatory cost to local government entities because the use of electronic requests is optional. Local government, which mostly do have e-mail capabilities, may still choose to use the traditional method of mailing in a records request form.

other persons:

There is no mandatory cost to the public or other persons because the use of an electronic request is an optional method offered strictly for the public's benefit. Any person who does not have access to e-mail from such free sources as the Public Library, may still use the traditional method of mailing in a records request form.

Compliance costs for affected persons:

There are no compliance costs. This change allows e-mail or other electronic requests for records. It does not eliminate any former options of requesting records.

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

Using e-mail, or other electronic means of requesting records, may be quicker and more convenient for some businesses, and would save them some postage expenses. The rule does not require a business to use e-mail if they do not have access to it, so there are no compliance, equipment, or training costs. Scott Carver, Executive Director

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

Direct questions regarding this rule to:

Gary Ogilvie at the above address, by phone at 801-545-5514, by FAX at 801-545-5523, or by Internet E-mail at gogilvie@utah.gov

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:

07/03/2006

This rule may become effective on:

07/11/2006

Authorized by:

Scott V. Carver, Executive Director

RULE TEXT

R251. Corrections, Administration.

R251-111. Government Records Access and Management.

R251-111-1. Authority and Purpose.

(1) This rule is authorized by the Government Records and Management Act (GRAMA), Sections 63-2-201 (12), 63-2-204 and 63-2-904; 64-13-27; and Sections 46-4-501 and 46-4-502.

(2) The purpose of this rule is to provide procedures for access to government records of the Department of Corrections and to facilitate intergovernmental, crossboundry intercooperation.

R251-111-4. Requests for Access.

(1) Requests for access to records shall be directed as follows:

(a) All records requests by an inmate or offender under the jurisdiction of the Department shall be directed to:

(i) For all inmates in Utah State Prison Facilities: Institutional Operations Division, Primary Records Officer, Administration Building, P.O. Box 250, Draper, Utah 84020; or

(ii) For all probationers, parolees and early release inmates: Adult Probation and Parole Division, Primary Records Officer, Administration, 14717 S. Minuteman Drive, Draper, Utah 84020.

(b) All records requests by persons to obtain information for a story or report for publication or broadcast to the general public shall be directed to the Public Information Officer, 14717 S. Minuteman Drive, Draper, Utah 84020.

(c) All requests for access to records by persons other than those specified in subparagraphs (i) and (ii) above, shall be directed to the Records Bureau, 14717 S. Minuteman Drive, Draper, Utah 84020.

(d) All requests from governmental agencies shall be directed to the appropriate unit of the Utah Department of Corrections, as approved by the Records Bureau or specified in Departmental policy.

(2) The time limits dictated by GRAMA Section 63-2-204 for response to requests shall be calculated based on receipt of a valid request at the office specified in this rule.

R251-111-5. Submission Requirements -- Forms.

(1) All records requests from inmates shall be on a form supplied by the Department. Other requests shall be in writing and shall contain name, mailing address, daytime telephone number (if available), and a reasonably specific description of the records requested.

(2) Evidence of the requester's identity may be required. In accordance with Section 63-2-202(6) the Department shall obtain evidence of the requester's identity before releasing a private, controlled, or protected record.

(3) Unless the request is made in writing, contains the information listed in R251-111-5 (1) above and satisfactory identification is presented, when required, the Department shall return the request with instructions regarding proper submission.

(4) Written requests may be submitted electronically. Evidence of identity, where required, shall be based upon accepted State standards for electronic identification.

R251-111-8. Response to Requests.

The response by the Utah Department of Corrections for any type of record request may be made partially or fully by electronic means.

R251-111-[8]9. Appeal.

Any person may appeal access determinations to the Department Executive Director, or his designee, under the procedures of GRAMA, Section 63-2-401.

KEY: criminal records, security measures, government records[*]

Date of Enactment or Last Substantive Amendment: [January 28, 2002]2006

Notice of Continuation: December 7, 2001

Authorizing, and Implemented or Interpreted Law: 63-2-204; 63-2-904

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Gary Ogilvie at the above address, by phone at 801-545-5514, by FAX at 801-545-5523, or by Internet E-mail at gogilvie@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.