Utah Department of Administrative Services Division of Administrative Rules

File No. 34438

This notice was published in the March 1, 2011, issue (Vol. 2011, No. 5) of the Utah State Bulletin.


Technology Services, Administration

Rule R895-1

Access to Records

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34438
Filed: 02/15/2011 12:42:53 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Under authority of Sections 63G-2-204 and 63A-12-104, and Title 63G, Chapter 3, this rule provides procedures for access and denial of access to government records. Subsection 63G-2-204(d) authorizes a governmental entity to make a rule specifying where and to whom requests for access shall be directed. Subsection 63A-12-104(2) authorizes a governmental entity that includes divisions, boards, departments, committees, commissions, or other subparts that fall within the definition of a governmental entity under this chapter, may, by rule, specify at which level the requirements specified in this chapter shall be undertaken. Title 63G, Chapter 3, authorizes agencies rulemaking authority.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments were received during and since the last five-year review of the rule from interested persons supporting or opposing the rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

As stated in Section 63A-12-104, the agency may by rule specify at which level the requirements shall be undertaken. It is imperative for the agency to be able to specify by rule the process for obtaining records, as the agency has access to, but does not own, many non-department records. Therefore, this rule should be continued.

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

Technology Services
Administration
450 N STATE ST
SALT LAKE CITY, UT 84114

Direct questions regarding this rule to:

  • Stephanie Weiss at the above address, by phone at 801-538-3284, by FAX at 801-538-3622, or by Internet E-mail at stweiss@utah.gov

Authorized by:

J Stephen Fletcher, CIO and Executive Director

Effective:

02/15/2011


Additional Information

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2011/b20110301.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

For questions regarding the content or application of this rule, please contact Stephanie Weiss at the above address, by phone at 801-538-3284, by FAX at 801-538-3622, or by Internet E-mail at stweiss@utah.gov.