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

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


R642. Natural Resources; Oil, Gas and Mining; Administration.

Rule R642-100. Records of the Division and Board of Oil, Gas and Mining.

As in effect on July 1, 2014

Table of Contents

R642-100-100. Responsibility and Authority.

110. Authority for the R642-100 rules is found in the Government Records Access and Management Act (GRAMA) (U.C.A. 63G-2-101, et seq.)

120. The Utah Division and Board of Oil, Gas and Mining ("Division" and "Board") will be considered as an agency for the purposes of the GRAMA.

130. The Director of the Division of Oil, Gas and Mining ("Director") will be considered to be the Agency Head for the purposes of activities under the GRAMA.

140. The Division and Board maintain an office at 1594 West North Temple, Suite 1210, P.O. Box 145801, Salt Lake City, Utah 84114-5801.

R642-100-200. Requests for Records.

210. Records may be requested by any person desiring access to Division or Board records.

220. Requests will be submitted in writing to the Administrative Assistant to the Director and Secretary to the Board.

230. All requests will be made at the Division office address listed in R642-100-140 in person during regular office hours or through the U.S. Mail and will be set forth with reasonable specificity:

231. The name of the record requested;

232. The date the record was made;

233. The form in which the record is needed, and;

234. The name and address and daytime phone number of the requester.

240. Forms are available at the Division to make records requests.

R642-100-300. Fees for Records.

310. The Division and Board of Oil, Gas and Mining will charge fees to supply records to all requestors, except as provided in R642-100-400 and R642-100-700.

320. Fees for records will reflect direct and indirect costs incurred by the Division and Board and will follow any policy guidance of the Division of Finance, Department of Administrative Services. The Division and Board may require payment of past fees and future estimated fees before processing a request if fees are expected to exceed $50.00, or if a requester has not paid fees from previous requests.

330. Fees will be reasonable and at a minimum, enable the Division and Board to obtain its actual cost of duplicating, compiling, or retrieving records from archival storage.

340. When a record is requested for inspection or review by a requester within the Division offices and no extraordinary efforts are made by the Division or Board in compiling or retrieving the record, no fee will be assessed to the requester.

R642-100-400. Waiver of Fees for Records.

410. Under the Government Records Access and Management Act (GRAMA) (U.C.A. 63G-2-101 et seq.), fees may be waived by the Director under any of the following circumstances:

411. When release of the record, in the opinion of the Director, benefits the public interest;

412. If the individual making the records request is the subject of a record and access is not otherwise restricted under U.C.A. 63G-2-101 et seq.

413. If the requestor is an individual specified in Section 63G-2-202(1) or (2), or

414. If the requester's rights are directly implicated by a record and he or she is impecunious.

420. Requests for a waiver of fees will be made in writing to the Director and will set forth the reasons why a requester desires a waiver of fees. The Director may delegate the authority to waive fees.

R642-100-500. Classification and Release of Records and Exceptions.

510. Records of the Division and Board will be classified and released in accordance with the Government Records Access and Management Act (GRAMA).

520. All records of the Division and Board which are not public as described in the GRAMA will be maintained as having restricted access as authorized under the GRAMA.

530. Any person denied access to a record of the Division or Board under the procedures outlined in GRAMA has the opportunity to appeal to the Director for more liberal access to a particular record. Appeals will be in writing and include:

531. A description of the record requested;

532. An explanation of how the release of the record would serve the interest of the public and how, in the appellant's opinion, the public's interest outweighs the privacy interests of restricted access.

533. The identity of the requester and an address where he or she may be contacted.

540. The Division will share its records with other agencies on a case-by-case basis in consideration of applicable laws.

R642-100-600. Responses to Requests for Records.

610. Responses to requests for records by the Division will be in writing and will be performed in accordance with the provisions of the Government Records Access and Management Act (GRAMA), U.C.A. 63G-2-101 et seq.

620. The Division and Board may respond to requests for information by means of prepared forms.

630. Rule 6 of the Utah Rules of Civil Procedure will apply to calculate time periods specified in GRAMA.

R642-100-700. Official Transcripts of Division and Board Proceedings.

710. The right to copy verbatim transcripts of Board and Division proceedings prepared by a Certified Court Reporter will be considered to be the property of the Reporter.

720. Unless otherwise classified as eligible for a more restricted classification by the Board or Division, all official transcripts will be considered as public records which are open for inspection or review in the Division offices at the address listed in R642-100-140.

730. Persons desiring copies of the official transcripts of the Board and Division proceedings will be provided with the name and address of the court reporter.

KEY

public records

Date of Enactment or Last Substantive Amendment

1994

Notice of Continuation

February 1, 2012

Authorizing, Implemented, or Interpreted Law

63G-2-101 et seq.


Additional Information

Contact

For questions regarding the content or application of rules under Title R642, please contact the promulgating agency (Natural Resources; Oil, Gas and Mining; 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.