DAR File No. 31385

Commerce, Administration

R151-2-4

Forms

NOTICE OF PROPOSED RULE

DAR File No.: 31385
Filed: 05/06/2008, 01:01
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clarify and simplify existing provisions regarding the use of Department forms to request records.

Summary of the rule or change:

Subsection R151-2-4(1) already requires the use of Department forms, and it is unnecessary to restate that in Subsections R151-2-4(1)(a) and (c). Subsection R151-2-4(1)(b) is deleted because the form it refers to is not used in the Department.

State statutory or constitutional authorization for this rule:

Title 63G, Chapter 2

Anticipated cost or savings to:

the state budget:

This rule filing does not add any costs to the state budget because the amendments merely clarify existing procedures.

local governments:

Local governments that request records from the Department would experience no new costs from this clarifying amendment.

small businesses and persons other than businesses:

Small businesses and persons other than businesses would experience no new costs from this clarifying amendment.

Compliance costs for affected persons:

Affected persons would experience no new costs from this clarifying amendment.

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

No fiscal impact to businesses is anticipated as a result of this filing which merely clarifies existing procedures. Francine A. Giani, Executive Director

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

Commerce
Administration
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Masuda Medcalf at the above address, by phone at 801-530-7663, by FAX at 801-530-6446, or by Internet E-mail at mmedcalf@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:

07/01/2008

This rule may become effective on:

07/08/2008

Authorized by:

Francine Giani, Executive Director

R151. Commerce, Administration.

R151-2. Government Records Access and Management Act Rule.

R151-2-4. Forms.

(1) The forms described as follows, or a written document containing substantially similar information to that requested in the forms, shall be completed by requesters in connection with records requests, unless a division waives written requests.

(a) Form 2-204(1), "Request for Records", [shall be used by all persons requesting records from the department or its divisions. It ]is intended to assist persons who request records to comply with the requirements of Subsection 63G-2-204 (1) regarding the contents of a request. The form requires the requester's name, address, telephone, organization, if any, a description of the records requested, and information regarding the requester's status, for records which are not public.

(b) [Form 2-206(2), "Certification by Requesting Governmental Entity", shall be used by another governmental entity requesting controlled or private records from a division or the department, pursuant to Subsection 63G-2-206 (2). This form requires both the information to be provided in Form 2-204(1) and certain representations required from the governmental entity, if the information sought is not public.

(c) ]Form 2-206(5), "Disclosure and Agreement", [shall]is to be used when another governmental entity requests controlled, private or protected records, pursuant to Subsection 63G-2-206 (5). This form discloses to the governmental entity certain information regarding restrictions on access and obtains the written agreement of the governmental entity to abide with those restrictions.

(2) The department or its divisions may use forms to respond to requests for records.

 

KEY: government documents, freedom of information, public records

Date of Enactment or Last Substantive Amendment: [July 2, 2002]2008

Notice of Continuation: February 15, 2007

Authorizing, and Implemented or Interpreted Law: 63-2-204; 63-2-201(5)(b); 63-2-201(10)(a); 63-2-202(8); 63-2-308; 63-2-401; 63-2-603