Utah Department of Administrative Services Division of Administrative Rules

Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since April 1, 2013, please see the codification segue page.

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R251. Corrections, Administration.

Rule R251-111. Government Records Access and Management.

As in effect on April 1, 2013

Table of Contents

R251-111-1. Authority and Purpose.

(1) This rule is authorized by the Government Records and Management Act (GRAMA), Sections 63A-12- 104, 63G-2-201, 63G-2-201(12), 63G-2-203, 63G-2-204, 63G-2-206, 64-13-10, 64-13-27, 46-4-501 and 46-4-502, of the Utah Code.

(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.

R251-111-2. Definitions.

(1) "Department" means the Department of Corrections.

(2) "GRAMA" means Government Records Access and Management Act, Title 63G, Chapter 2, Utah Code Annotated.

(3) "Individual" means a human being.

(4) "Person" means any individual, nonprofit or profit corporation, partnership, sole proprietorship, or other type of business organization.

(5) "Division Primary Records Officer" means the records officer designated by each division director to coordinate and implement GRAMA within their respective divisions.

(6) "Records Officer" means any Department member properly designated to process records requests.

(7) "Requester" means the person making a request for records.

R251-111-3. Standards and Procedures.

The Department shall:

(1) provide the public with access to information relating to the Department's conduct of public business;

(2) provide individuals with access to requested information that the Department has on file about them when required by law;

(3) prevent disclosure of information about an individual that the Department has in its files to persons who do not have the right to receive this information;

(4) protect information about Departmental operations that is protected by law from disclosure; and

(5) provide information, at the department's discretion, to other government entities as allowed by law.

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 and parolees: 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 63G-2-204, of the Utah Code, 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 63G-2-202(6), of the Utah Code, 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.

R251-111-6. Fees.

(1) Reasonable fees may be charged to cover the Department's actual cost of duplicating a record or compiling a record requested as authorized by GRAMA Section 63G-2-203, of the Utah Code.

(2) Information on fees may be obtained by:

(a) contacting division Primary Records Officers by calling:

(i) Institutional Operations Division - (801) 576-7452.

(ii) Adult Probation and Parole Division - (801) 545-5905.

(b) contacting the Records Bureau by calling (801) 545-5700.

(c) making a personal inquiry at the Records Bureau, 14717 S Minuteman Drive, Draper, Utah 84020.

(3) The Department may require prepayment of fees as per statute if the total amount of the fees exceeds or is expected to exceed $50.00. If the requester has not paid for a previous request, prepayment and payment of any balance not paid for previous requests may be required.

(4) Records requests by inmates at the Utah State Prison must be accompanied by a Money Transfer Form which authorizes a deduction for fees from the inmate's account or a proper request for a waiver of fees.

R251-111-7. Waiver of Fees.

(1) Fees for duplication and compilation of a record may be waived under certain circumstances described in GRAMA, Section 63G-2-203(4), of the Utah Code.

(a) Requests for waiver of a fee may be made in the records request and should be supported with substantial justification.

(b) Inmates requesting a fee waiver because of a claimed indigent status, or other reason, shall state the claim on the request form.

(2) Waiver of fees is permissive and at the discretion of the Department. For the purpose of records requests under GRAMA, waiver of fees for inmates or offenders under the jurisdiction of the Department will not be granted on the sole basis that the requester has been determined impecunious or indigent for another purpose.

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.

R251-111-9. Appeal.

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

KEY

criminal records, corrections, GRAMA, government records

Date of Enactment or Last Substantive Amendment

August 1, 2006

Notice of Continuation

May 4, 2006

Authorizing, Implemented, or Interpreted Law

63-2-204; 63-2-904

Additional Information

Contact

For questions regarding the content or application of rules under Title R251, please contact the promulgating agency (Corrections, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.