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 (see 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 September 1, 2016, please see the codification segue page.
NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.
R305. Environmental Quality, Administration.
Rule R305-1. Records Access and Management.
As in effect on September 1, 2016
Table of Contents
- R305-1-1. Purpose.
- R305-1-2. Authority.
- R305-1-3. Allocation of Responsibilities within Entity.
- R305-1-4. Requests for Access.
- R305-1-5. Record Sharing.
- R305-1-6. Fees.
- R305-1-7. Waiver of Fees.
- R305-1-8. Requests for Access for Research Purposes.
- R305-1-9. Requests to Amend a Record.
- R305-1-10. Appeals of Requests to Amend a Record.
- R305-1-11. Time Periods Under GRAMA.
- R305-1-12. Disclosure of Business Confidentiality Claims.
- Date of Enactment or Last Substantive Amendment
- Notice of Continuation
- Authorizing, Implemented, or Interpreted Law
The purpose of this rule is to provide procedures for access to government records of the Department of Environmental Quality.
The authority for this rule is found in Sections 63G-2-204 of the Government Records Access and Management Act (GRAMA), effective July 1, 1992, and 63A-12-104 of the Archives and Records Service Act.
(a) Each of the Divisions of the Department of Environmental Quality shall be responsible, regarding records of that Division, for responding to records requests under Part 2 of GRAMA and for responding to appeals under Section 63G-2-401 of GRAMA. The appropriate Division Director is the head of the governmental entity for purposes of 63G-2-401.
(b) The Office of Support Services shall be responsible, regarding records of the Executive Director, for responding to records requests under Part 2 of GRAMA and for responding to appeals under Section 63G-2-401 of GRAMA. The Executive Director is the head of the governmental entity for purposes of 63G-2-401.
Requests for access to records of the following units of the Department of Environmental Quality should be in writing and must include the requester's name, mailing address, daytime telephone number if available, and a reasonably specific description of the records requested. Records access forms may be obtained from any Department or Division records officer.
TABLE DIVISION OR OFFICE RECORDS OFFICERS AND FUNCTIONS Division or Office: Functions: RECORDS OFFICER Executive Director Office of Support Services personnel, budget, 195 North 1950 West accounting, planning and P.O. Box 144810 policy development Salt Lake City, UT 84114-4810 RECORDS OFFICER Air Quality compliance, Division of Air Quality planning, and permitting 195 North 1950 West P.O. Box 144820 Salt Lake City, UT 84114-4820 RECORDS OFFICER Drinking Water permitting, Division of Drinking Water compliance, enforcement, 195 North 1950 West and planning P.O. Box 144830 Salt Lake City, UT 84114-4830 RECORDS OFFICER federal Superfund program, Division of Environmental Utah Hazardous Waste Response and Remediation Mitigation Program, 195 North 1950 West underground storage tank P.O. Box 144840 regulation Salt Lake City, UT 84114-4840 RECORDS OFFICER radiological waste Division of Radiation Control management, radiation 195 North 1950 West source licensure, X-ray, P.O. Box 144850 uranium mill tailings, and Salt Lake City, UT 84114-4850 radon RECORDS OFFICER solid and hazardous waste Division of Solid and Hazardous enforcement, compliance, Waste permitting, and planning 195 North 1950 West P.O. Box 144880 Salt Lake City, UT 84114-4880 RECORDS OFFICER water quality planning, Division of Water Quality compliance, enforcement, 195 North 1950 West and permitting P.O. Box 144870 Salt Lake City, UT 84114-4870 Response to a request submitted to other persons within the Department of Environmental Quality may be delayed. See Subsections (2) and (7) of 63G-2-204.
The entire Department of Environmental Quality shall be considered a governmental entity for purposes of the record sharing provisions of GRAMA, Section 63G-2-201 (5) (a) and Section 63G-2-206. The provisions of Section 63G-2-206 therefore need not be met if records are shared between Divisions or between a Division and the Office of Administration.
Fees may be charged for copies of records provided. Fees for photocopying will be charged as authorized by Section 63G-2-203. A fee schedule may be obtained from the Department of Environmental Quality by contacting records officers or Office of Support Services, Department of Environmental Quality, 195 North 1950 West, P.O. Box 144810, Salt Lake City, UT 84114-4810. The Department of Environmental Quality may require payment of past fees and future estimated fees before beginning to process a request if fees are expected to exceed $50.00, or if the requester has not paid fees from previous requests.
Fees for duplication and compilation of a record may be waived under certain circumstances described in Section 63G-2-203 (3). Requests for this waiver of fees may be made to those persons specified in R305-1-3.
Access to private or controlled records for research purposes is allowed by Section 63G-2-202 (8). Requests for access to such records for research purposes may be made to those persons specified in R305-1-3.
An individual may contest the accuracy of completeness of a document pertaining to the individual pursuant to Section 63G-2-603. Such requests should be made to those persons specified in R305-1-3.
Appeals of requests to amend a record shall be handled as informal proceedings under the Utah Administrative Procedures Act.
The provisions of Rule 6 of the Utah Rules of Civil Procedure shall apply to calculate time periods specified in GRAMA.
Records that are subject to a claim of confidentiality as provided in Section 63G-2-309 shall not be disclosed unless:
(a) The records are determined to be public and there is no further avenue for appeal; or
(b) The records are determined to be public and the period in which to bring an appeal or seek intervention has expired.
government documents, public records, GRAMA
March 13, 2012
For questions regarding the content or application of rules under Title R305, please contact the promulgating agency (Environmental Quality, 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.