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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).

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Rule R305-1. Records Access and Management.

As in effect on August 1, 2009

Table of Contents

R305-1-1. Purpose.

The purpose of this rule is to provide procedures for access to government records of the Department of Environmental Quality.

R305-1-2. Authority.

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.

R305-1-3. Allocation of Responsibilities within Entity.

(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.

R305-1-4. Requests for Access.

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,
168 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
134 North 1950 West
P.O. Box 144820
Salt Lake City, UT  84114-4820

RECORDS OFFICER                  Drinking Water permitting,
Division of Drinking Water       compliance, enforcement,
288 North 1460 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,
134 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
168 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 planning288 North 1460 West
P.O. Box 144880
Salt Lake City, UT  84114-4880

RECORDS OFFICER                  water quality planning,
Division of Water Quality        compliance, enforcement,
288 North 1460 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 (6) of 63G-2-204.

R305-1-5. Record Sharing.

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.

R305-1-6. Fees.

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, 168 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.

R305-1-7. Waiver of Fees.

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.

R305-1-8. Requests for Access for Research Purposes.

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.

R305-1-9. Requests to Amend a Record.

An individual may contest the accuracy of completeness of a document pertaining to him-her pursuant to Section 63G-2-603. Such requests should be made to those persons specified in R305-1-3.

R305-1-10. Appeals of Requests to Amend a Record.

Appeals of requests to amend a record shall be handled as informal proceedings under the Utah Administrative Procedures Act.

R305-1-11. Time Periods Under GRAMA.

The provisions of Rule 6 of the Utah Rules of Civil Procedure shall apply to calculate time periods specified in GRAMA.

R305-1-12. Disclosure of Business Confidentiality Claims.

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.

KEY

government documents, public records, GRAMA

Date of Enactment or Last Substantive Amendment

1993

Notice of Continuation

April 12, 2007

Authorizing, Implemented, or Interpreted Law

63G-2-204

Rule converted into HTML by the Division of Administrative Rules.

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.

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is not able to answer questions about the content or application of these rules.

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