DAR File No. 30564

Human Services, Administration

R495-810

Government Records Access and Management Act

NOTICE OF PROPOSED RULE

DAR File No.: 30564
Filed: 10/08/2007, 08:27
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule sets forth department policy and procedure specifically for Government Records Access and Management Act (GRAMA) requests. This rule is being amended to update and clarify the policy and procedures for access to department records.

Summary of the rule or change:

The changes in Section R495-810-1 refine the statutory authority and clarifies who the request should be submitted to. Subsection R495-810-1(D) is marked to be removed which will remove duplicative language that is already in statute. In Section R495-810-2, changes remove duplicative authority statement, definitions from statute, and fee waiver language. The change in Subsection R495-810-2(A)(2) adds clarification for hourly rate charges. Subsection R495-810-2(B) was R495-810-2(D) and strikes language that is already in statute. The change in Subsection R495-810-2(B)(2) adds language to clarify when charges are expected to exceed $50 and removes duplicative fee language with respect to professionals. Section R495-810-3 is marked to be removed because this language is duplicative and already in statute. Section R495-810-4 is modified to removed duplicative authority and definition statements and gives direction on administrative hearings for denied requests for documents. This is already found in Rule R497-100.

State statutory or constitutional authorization for this rule:

Section 63-2-204

Anticipated cost or savings to:

the state budget:

No anticipated fiscal impact to the state budget because this amendment simply removes duplicative language or language that is already in statute.

local governments:

No anticipated fiscal impact to local government because this amendment simply removes duplicative language or language that is already in statute.

small businesses and persons other than businesses:

No anticipated fiscal impact to small businesses and other persons because this amendment simply removes duplicative language or language that is already in statute.

Compliance costs for affected persons:

No anticipated fiscal impact to affected persons because this amendment simply removes duplicative language or language that is already in statute.

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

These changes are housekeeping in nature and have no fiscal impact to businesses or other governmental agencies. Lisa-Michele Church, Executive Director

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

Human Services
Administration
120 N 200 W
SALT LAKE CITY UT 84103-1500

Direct questions regarding this rule to:

L Ray Winger at the above address, by phone at 801-870-1672, by FAX at 801-538-4424, or by Internet E-mail at raywinger@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:

12/03/2007

This rule may become effective on:

12/10/2007

Authorized by:

Lisa-Michele Church, Executive Director

R495. Human Services, Administration.

R495-810. Government Records Access and Management Act.

R495-810-1. [Request for ]Access to Department of Human Services Records.

A. Authority. [As required]This rule is authorized by Section 63-2-204(2)[, this rule specifies where and to whom a request for access of Department of Human Services (DHS) records shall be directed].

B. Definition. Words used in this rule are defined in Section 63-2-103[(15) and (16)].

C. Requests for Access.[

1. All] R[r]equests for records shall be submitted [in accordance with Section 63-2-204(1).

2. A person may submit a request for a record ]to any [DHS]Department of Human Services office. If the record requested is [one originated]maintained in that office, that office's designated GRAMA Officer will respond to the request. If the record is [unknown to]not maintained in the office where the request is filed, the request will be sent immediately to the appropriate [state or local office. If the office is unsure as to which office is the appropriate one, the request will be sent to the Department of Human Services, Records Manager.]Department of Human Services office.[

D. News Media/Expedited Release. If a requester demonstrates that he is a member of the news media or that expedited release of the record benefits the public rather than an individual, the request shall be submitted to the Department of Human Services, Records Manager.]

 

R495-810-2. Fee Schedule for Records Copies.

A. [Authority. Pursuant to Section 63-2-203, the Department shall charge fees for copying and compiling of records, and may waive fees as specified in this rule.

B. Definition. Words used in this rule are defined in Section 63-2-103.

C. ]Fee Rates.

1. Fees for copies are based on the number of records to be copied and are as follows:

a. paper: $.25 per side of sheet;

b. audio tape: $5.00 per tape; and

c. video tape: $15.00 per tape.

2. For records which require compiling and reporting in another format, a fee of $25.00 per hour may be charged, or $50.00 per hour if the request requires programmer/analyst assistance, however no charge may be made for the first quarter hour of staff time.

3. Mailing. The fee for mailing is the actual cost of postage.

[D.]B. Payment Waiver.

1. The Department of Human Services shall fulfill a record request without charge [when it determines that:

a. releasing the record primarily benefits the public rather than a person;

b. the individual requesting the record is the subject of the record, or an individual specified in Subsection 63-2-202(1) or (2); or

c. the requester's legal rights are directly implicated by the information in the record, and the requester is impecunious.

2. No fees shall be charged for reviewing a record or inspecting a record according to 63-2-203(4)(a) and (b).]in accordance with Section 63-2-203(4).

[3.]2. The Department shall [not ]require payment of future estimated fees before beginning to process a request[, unless] when fees are expected to exceed $50[,] or [if ]the requester has not paid fees from previous requests.[

4. Fees shall not be waived where records are provided to professionals providing services for a fee to individuals who would otherwise have access to records under Section 63-2-301 through 304.]

 

R495-810-3. [Appellate Requests, Research Requests and Intellectual Property Access Requests.

A. Authority. section 63-2-401(9) specifies where and to whom appeals on records access denials may be directed. Section 63-2-201 (10) specifies where and to whom requests regarding duplication and distribution of materials for which the agency owns the intellectual property rights may be directed. Section 63-2-202(8) specifies where and to whom requests for access for research purposes may be directed.

B. Definition. Words used in this rule are defined in Section 63-2-103 (15) and (16).

C. Appeals and Special Requests.

1. All first level appeals shall be directed to the individual(s) designated by the Executive Director of the Department of Human Services.

2. Special requests including requests for access to records for research purposes, and duplication and distribution of materials for which the agency owns the intellectual property rights shall be submitted to the Individuals designated by the Executive Director for the respective Division, Office, Institution, or Bureau of the Department of Human Services.

D. Discretionary Access Authority. As specified in Section 63-2-201 (5) (b) decisions regarding discretionary access to records that are private, or protected under Section 63-2-302, and 63-2-304 where the public interest to know exceeds the right of privacy shall be determined by the Individual(s) designated by the Director for the respective Division, Office, Institution, or Bureau of the Department of Human Services.

 

R495-810-4. ]Records Modification and Clarification.

A. [Authority. Section 63-2-603 Governmental Records and Access Act and Section 63-46b-4 Utah Administrative Procedures Act designate the option of either formal or informal hearings governing modification of records in dispute.

B. Definition. Words used in this rule are defined in Section 63-2-103(15) and (16).

C. ]Hearings. Administrative Hearings [on disputed]regarding denied requests to amend records [accuracy ]shall be conducted informally [according to R497-100-3]in accordance with Administrative Rule 497-100.

 

KEY: government documents

Date of Enactment or Last Substantive Amendment: [December 7, 1998]2007

Notice of Continuation: February 5, 2007

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