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.


R652. Natural Resources; Forestry, Fire and State Lands.

Rule R652-6. Government Records Access and Management.

As in effect on March 1, 2014

Table of Contents

R652-6-100. Purpose and Authority.

1. This rule provides procedures for appropriate access to division records.

2. This rule is authorized by Sections 63G-2-204, 63G-2-603, 63A-12-104, 65A-1-10, and 65A-6-7.

R652-6-200. Definitions.

1. Terms used in this rule are defined in Section 63G-2-103.

2. In addition:

(a) Records officer: the individual designated by the director of the division as defined in Subsection 63G-2-103(25) to work with the state archives in the care, maintenance, scheduling, designation, classification, disposal and preservation of records and shall be responsible for supervision of the records access activities of the records coordinators.

(b) Records coordinators: individuals designated by the division director to coordinate records access requests and to assist the public in gaining access to records maintained by the division. Records coordinators are located in the following:

i) State Office, 1594 W. North Temple, Suite 3520, PO Box 145703, Salt Lake City, UT 84114-5703.

ii) Central Area Office, 1139 N. Centennial Park Drive, Richfield, UT 84701-1860.

iii) Southwestern Area Office, 585 N. Main St, Cedar City, UT 84720.

iv) Southeastern Area Office, 1165 S. Highway 191, Suite 6, Moab, UT 84532.

v) Bear River Area Office, 1780 N. Research Parkway, Suite 104, North Logan, UT 84341-1940.

vi) Northeastern Area Office, 152 East 100 North, Vernal, UT 84078.

R652-6-300. Allocation of Responsibility Within the Division.

The division is considered a governmental entity and the director of the division is considered the head of the government entity.

R652-6-400. Requests for Access.

1. Request for access to records shall be on a form provided by the division or in another legible written document which contains the following information: the requester's name, mailing address, daytime telephone, a description of the records requested that identifies the record with reasonable specificity, and if the record is not public, information regarding requester's status.

2. The request shall be submitted to the records officer or coordinator. The response to the request may be delayed if not properly directed.

3. The division shall deny a request for private, controlled, protected or limited access records if the request is not made in writing and does not contain information required in this section.

4. Notwithstanding the provision of subsection 63G-2-204(1), the division may waive the requirement for a written request if the records requested are public, the records are readily accessible and the request is filled promptly by providing access or copying at the time the request is made.

R652-6-500. Other Requests.

1. For research purposes:

Access requests for private or controlled records for research purposes pursuant to Section 63G-2- 202(8), shall be made in writing and directed only to the records officer.

2. To amend a record:

An individual may contest the accuracy or completeness of a document pertaining to him as maintained by the division pursuant to Section 63G-2-603.

(a) The request to amend shall be made in writing to the records officer. (b) Appeals of requests to amend a record shall be handled as informal hearings under the Utah Administrative Procedures Act.

3. To claim business confidentiality:

A request for protected records status based on a claim of business confidentiality may be made pursuant to Section 63G-2-309. Such a request shall be submitted in writing to the director or his designee. The request shall contain the claim of business confidentiality and a concise statement of reasons supporting the claim of business confidentiality.

4. To claim limited records status:

A lessee may claim that mineral information provided to the division should be protected under Section 65A-6-7.

(a) Such a request shall be submitted in writing to the director or his designee. The request shall contain a claim that the information provided the division is of a proprietary nature and a concise statement of reasons supporting the claim.

(b) If the division agrees the information is of a proprietary nature, the request shall be granted and the information shall receive limited records status until:

i) the lease is terminated and the division believes the release of the information is not detrimental to the trust; or

ii) the lessee or its successor in interest ceases to exist as an entity and the division believes the release of the information is not detrimental to the trust.

(c) A record granted limited records status under this section shall not be released to another party without written permission from the lessee providing the information during the period the limited records status is in effect.

(d) The division may make information provided limited records status under this section available for inspection, but not for copying, by the Utah Geological Survey or the Division of Oil, Gas and Mining if consultation is requested by the division, provided further that the confidentiality of such information is safeguarded.

R652-6-600. Denials.

1. If any access or status request is denied in whole or in part, a notice of denial shall be given to the requester in person or sent to the requester's address.

2. The notice of denial shall contain the information required in subsection 63G-2-205(2).

R652-6-700. Appeal of Determination.

1. Any person aggrieved by an access or status request determination including a person not a party to the division proceeding may, within 30 days after the determination, appeal the determination to the director by submitting a notice of appeal either on a form provided by the division or another legible written document which contains the following information: the petitioner's name, mailing address and daytime telephone number (if available); and the relief sought. 2. Upon receiving the notice of appeal and review of relevant information including that submitted with the appeal and criteria prescribed in Sections 63G-2-204, 63G-2-603, 63A-12-104, 65A-1-10 and 65A-6-7, the director may:

(a) uphold the original classification or status request determination; or,

(b) reclassify the record if he believes the original classification was incorrect; or,

(c) release the record regardless of its classification if the director believes that the interest of the public in obtaining access to the record outweighs the interest of the division in prohibiting access to the record.

R652-6-800. Fees.

1. A fee schedule for the direct and indirect costs of duplicating or compiling a record may be obtained from the records officer or any records coordinator located at the addresses provided in R652-6-200, Definitions.

KEY

GRAMA, government documents, public records

Date of Enactment or Last Substantive Amendment

March 14, 1997

Notice of Continuation

April 2, 2012

Authorizing, Implemented, or Interpreted Law

65A-6-7; 65A-1-10


Additional Information

Contact

For questions regarding the content or application of rules under Title R652, please contact the promulgating agency (Natural Resources; Forestry, Fire and State Lands). 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.