DAR File No. 30252

Governor, Administration

R355-1

Records Access and Management

NOTICE OF PROPOSED RULE

DAR File No.: 30252
Filed: 07/30/2007, 09:54
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The existing statute governs general Government Records Access and Management Act (GRAMA) actions. Provisions of the rule specific to the Governor's Office are being moved to policy.

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

Subsections 63-2-204(2) and 63-2-904(2), and Section 63-46a-3

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The rule change does not alter GRAMA requirements in the Governor's Office as policy retains the same provisions.

local governments:

There are no anticipated costs or savings to local government as the rule change applies only to the Governor's Office.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses and/or persons other than businesses as the rule change applies only to the Governor's Office.

Compliance costs for affected persons:

There are no anticipated costs or savings to affected persons as the rule change applies only to the Governor's Office.

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

I have reviewed the repeal of this rule and do not anticipate any fiscal impact on businesses as the rule only applies to the Governor's Office. John Nixon, Director

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

Governor
Administration
Room E220 EAST BUILDING
420 N STATE ST
SALT LAKE CITY UT 84114-2220

Direct questions regarding this rule to:

Hunter Finch at the above address, by phone at 801-538-1553, by FAX at 801-538-1547, or by Internet E-mail at HFINCH@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:

09/14/2007

This rule may become effective on:

09/21/2007

Authorized by:

John Nixon, Director

[R355. Governor, Administration.

R355-1. Records Access and Management.

R355-1-1. Purpose.

This rule establishes procedures by which the public can obtain access to records and information which is classified in accordance with the Government Records Access and Management Act (GRAMA), and as may be available in the Offices of the Governor and Lt. Governor; the Office of the First-Lady and Residence Staff, the Elections, Centennial Values, Governor's Initiative on Families Today, and Governor's Commission for Women and Families offices; the Commission on Criminal and Juvenile Justice (C.C.J.J.); and the Governor's Office of Planning and Budget (G.O.P.B.).

 

R355-1-2. Authority.

This rule is authorized by Sections 63-2-204(2), 63-2-904(2), and 63-46a-3.

 

R355-1-3. Public Requests for Access to Records.

(a) Requests for access to "public" records/information shall be submitted to that office/area normally providing such data. For example, demographic/planning data requests shall be submitted to the Governor's Office of Planning and Budget.

(b) Requests for access to records classified as "private", "controlled" or "protected" pursuant to Section 63-2-202, shall be submitted to: the Governor's Office, % Records Officer, Room 210 State Capitol Building, Salt Lake City, Utah, 84114.

(c) Some records, collections of data, or other information are intended to be circulated to the public and are available at no charge at the respective office. For other records, the requesting person(s) may be required to pay a fee for copies made of records, as authorized by Section 63-2-203. Fees must be paid before records are provided to a requesting party.

(d) Requests for private, controlled or protected records shall be in writing pursuant to Section 63-2-204(1). Forms may be available at, and provided by the office upon request.

(e) The governor's office records-officer will receive requests for records-access, made pursuant to Section 63-2-204, and will assign requests for records to staff records-coordinators within each area/office (i.e., Governor's Office of Planning and Budget, or C.C.J.J., etc.).

(f) Decisions to approve or deny access to records, by the Records Officer, will be made in accordance with the provisions of Section 63-2-201.

 

R355-1-4. Appeals.

Following a denial of access, the Governor's Chief of Staff, or designee, shall respond to an appeal, if filed, regarding a question(s) or request of access to records.

 

R355-1-5. Record-Sharing.

To provide for records-sharing between governmental entities pursuant to Section 63-2-206, the Governor's Office is defined as a single governmental entity for purpose of this rule; and all sub-groups and sections as listed in R355-1-1, are part of that entity.

 

KEY: government documents, public records

Date of Enactment or Last Substantive Amendment: November 16, 1997

Notice of Continuation: September 3, 2002

Authorizing, and Implemented or Interpreted Law: 63-2-204(2); 63-2-904(2); 63-46a-3]