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 March 1, 2014, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R527. Human Services, Recovery Services.

Rule R527-5. Release of Information.

As in effect on March 1, 2014

Table of Contents

R527-5-1. Statutory Authority and Purpose.

(1) The Office of Recovery Services (ORS) is authorized to adopt, amend, and enforce rules by Title 62A, Chapter 11, Section 107(8).

(2) This rule establishes how ORS records may be accessed under Title 63G, Chapter 2, the Government Records Access and Management Act (GRAMA).

R527-5-2. Definitions.

(1) Terms used in this rule are defined either explicitly in section 63G-2-103 or implicitly in the text of subsection 63G-2-201.

(2) "Restricted", as used in subsection 63G-2-201(3)(b), refers to records to which access is restricted pursuant to court rule, another state statute, federal statute, or federal regulation. These records are not subject to the procedures for access and disclosure outlined in GRAMA.

R527-5-3. Request for Release of Information.

(1) Written requests for information governed by GRAMA may be submitted in accordance with section 63G-2-204 to:

(a) Office of Recovery Services

ATTN: ORS Records

515 East 100 South

P.O. Box 45033

Salt Lake City, UT 84145-0033.

(2) Written requests for expedited release of information in accordance with section 63G-2-204 may be submitted to:

(a) Office of Recovery Services

ATTN: ORS Records

515 East 100 South

P.O. Box 45033

Salt Lake City, UT 84145-0033.

R527-5-4. Appeal of Denial of Request for Release of Information.

A request to appeal the denial to access a record governed by GRAMA shall be submitted in accordance with Section 63G-2-401 to:

(1) the Director of the Office of Recovery Services for records maintained by ORS.

R527-5-5. Public Information.

(1) In accordance with Utah Code Sections 63G-2-103 (21) and 63G-2-201 a record is public unless classified as private, controlled, protected, or exempt.

(2) In accordance with Utah Code Section 63G-2-307, a record may be classified or reclassified at any time, including after the record has been requested.

R527-5-6. Private Information.

(1) Private records include the following:

(a) the address, date of birth, and Social Security number (SSN)of ORS case participants;

(b) information about state employees, former employees and applicants, except as provided for in 63G-2-302.

(2) Private records may be disclosed when:

(a) disclosure is required by other statutes;

(b) disclosure is for purposes directly connected with any investigation, prosecution, or criminal or civil proceeding conducted in connection with Utah's child support enforcement plan and all other programs administered by the Office of Recovery Services;

(c) a parent who has physical custody of the child, a parent without physical custody of the child, a relative to whom physical custody of the child has voluntarily been given, or a parent's attorney, demonstrates that the other party's address is required in order to serve legal process as the result of a judicial action to establish or modify an order or judgment for bona fide child support, spousal support, medical support, or child care. This information may not be disclosed if the person whose address is being sought has requested that case information be safeguarded;

(d) a parent who has physical custody of the child, a parent without physical custody of the child, a relative to whom physical custody of the child has been voluntarily given, or a parent's attorney, requests the other party's address related to parent-time based on Title 62A, Section 11, Subsection 304.4;

(e) income information is needed to establish a support order or review a support order for possible modification. This information may only be released to the court or administrative Presiding Officer, the other party or the other party's authorized representative;

(f) a case participant's Social Security number, address or employment information is needed by authorized governmental entities, including law enforcement agencies and;

(i) the requesting entity enforces, litigates or investigates civil, criminal or administrative law and the record is necessary to a proceeding or investigation; or

(ii) the requesting entity is one that collects information for pre-sentence, probationary or parole purposes.

(g) a governmental agency provides written assurance that the record is necessary to the governmental entity's duties and functions and will be used for a purpose similar to the purposes for which ORS collected or obtained the information and that the record use produces a public benefit outweighing the individual privacy right protecting the record;

(3) A private record shall be disclosed in accordance with the requirements of Utah Code Section 63G- 2-202.

(4) Private records may not be released when a protective order has been issued in violation of 42 USC 654(26), or if there is reason to believe the release of information may result in physical or emotional harm to the person.

R527-5-7. Controlled Information.

(1) A record is controlled if it meets the requirements of Utah Code Section 63G-2-304.

(2) Controlled records can only be released under the provisions of Utah Code Section 63G-2- 202(2).

R527-5-8. Protected Information.

(1) A record is protected if it meets the requirements of Utah Code Section 63G-2-305.

(2) Protected records can only be released under the provisions of Utah Code Section 63G-2- 202(4).

R527-5-9. Restricted Records Exempt from Release Under GRAMA.

(1) A record is restricted from release by ORS if it meets the requirements of Utah Code Section 63G- 2-201(3)(b).

R527-5-10. Fees.

(1) ORS may provide requested records without a charge unless:

(a) The request is for records which require programmer assistance.

(b) The request is a repeat request by the same requester for information already provided within the last three months.

(2) Contact ORS Records for specific fee amounts.

KEY

accessing records, record requests, GRAMA compliance, records fees

Date of Enactment or Last Substantive Amendment

June 15, 2013

Notice of Continuation

January 6, 2012

Authorizing, Implemented, or Interpreted Law

62A-11-107; 62A-11-304.4(4); 63G-2


Additional Information

Contact

For questions regarding the content or application of rules under Title R527, please contact the promulgating agency (Human Services, Recovery Services). 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.