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

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


R698. Public Safety, Administration.

Rule R698-2. Government Records Access and Management Act Rule.

As in effect on August 1, 2014

Table of Contents

R698-2-1. Purpose.

The purpose of the following rule is to provide procedures for access to government records of the Utah Department of Public Safety (Department).

R698-2-2. Authority.

This rule is authorized by Sections 63-2-204 of the Government Records Access and Management Act (GRAMA), and Section 63-46a-3 of the State Rulemaking Act.

R698-2-3. Allocation of Responsibility within Entity.

A. The Department and its agencies shall be considered a single government entity and the Commissioner of Public Safety or designee shall be considered the chief administrative officer of the Department and its agencies for purposes of Section 63-2-401.

B. For the purposes of Section 63-2-206, the Department shall be considered a single government entity. The agencies within the Department may share their records as necessary to perform their respective tasks provided that the recipient agency shall not further disclose any non-public record which it receives. Any decision concerning the disclosure of non-public records outside the Department shall be made only by the records officer or responsible authority in the agency which created the record, except when such decision has been appealed as provided in this rule.

C. The Department or its agencies may create general written agreements to govern the sharing of non- public records with law enforcement agencies outside the Department. Such an agreement shall include a list of the record series intended to be covered by the agreement, the classifications of each record series, and the certification by the recipient agency outside the Department that the recipient agency shall not make any further disclosure of the non-public record without the consent of the Department or the agency which created the record. When such an agreement is in place for the Department or any of its agencies, the Department or the agency which created the record may waive the requirement for a specific disclosure statement for each record requested, provided that the requested record is included in the list of record series in the agreement.

R698-2-4. Requests for Access.

Requests for access to government records of the Department of Public Safety (DPS) and its agencies should be made in writing. Such written requests shall be in accordance with the provisions of, or on department forms which are specified in R698-2-5.

A. For media organizations requests: DPS, Public Information Officer, 4501 South 2700 West, Salt Lake City, Utah 84119.

B. For all other requests, application should be made in writing to the agency from which the information is requested, as follows:

1. For records held by DPS, Administrative Services Division and all other records held by DPS agencies not specifically referenced below: Records Officer, Administrative Services Division, 4501 South 2700 West, Salt Lake City, Utah 84119.

2. For records held by the Division of Comprehensive Emergency Management: Records Officer, Comprehensive Emergency Management, 1110 State Office Building, Salt Lake City, Utah 84114.

3. For records held by the Driver License Division: Records Officer, Driver License Division, 4501 South 2700 West, Salt Lake City, Utah 84119.

4. For records held by the Law Enforcement and Technical Services Division select the appropriate bureau below:

a. Records Officer, Bureau of Criminal Identification, 4501 South 2700 West, Salt Lake City, Utah 84119.

b. Records Officer, DPS, Communications Bureau, 4501 South 2700 West, Salt Lake City, Utah 84119.

c. Records Officer, Regulatory/Security Licensing Bureau, 4501 South 2700 West, Salt Lake City, Utah 84119.

d. Records Officer, State Crime Lab, 4501 South 2700 West, Salt Lake City, Utah 84119.

5. For records held by DPS, Management Information Services Division: Records Officer, Management Information Services, 4501 South 2700 West, Salt Lake City, utah 84119.

6. For records held by Peace Officer Standards and Training: Records Officer, Peace Officer Standards and Training, 4525 South 2700 West, Salt Lake City, Utah 84119.

7. For records held by the State Fire Marshal: Records Officer, State Fire Marshal, 4501 South 2700 West, Salt Lake City, Utah 84119.

8. For records held by the Utah Division of Investigation: Records Officer, Division of Investigation, 5272 College Drive, Murray, Utah 84107.

9. For records held by the Utah Highway Patrol: Records Officer, Utah Highway Patrol, 4501 South 2700 West, Salt Lake City, Utah 84119.

R698-2-5. Forms.

A. The forms described as follows, or a written document containing substantially similar information to that requested in the forms, shall be completed by requesters in connection with records requests.

1. Form DPS 2-204(1), "Request for Records", is for use by all persons requesting records from the Department. It is intended to assist persons who request records to comply with the requirements of Subsection 63-2-204(1) regarding the contents of a request. The form requires the requester's name, address, telephone, organization (if any), a description of the records requested, and information regarding the requester's status, for records which are not public.

2. Form DPS 2-206(2), "Certification by Requesting Governmental Entity", is for use by another governmental entity requesting controlled or private records from the Department, pursuant to Subsection 63-2-206(2). This form requires the information found in Form DPS 2-204(1), as well as certain representations required from the governmental entity, if the information sought is not public.

3. Form DPS 2-206(5), "Disclosure and Agreement", is for use when another governmental entity requests controlled, private or protected records, pursuant to Subsection 63-2-206(5). This form discloses to the governmental entity certain information regarding restrictions on access, and obtains the written agreement of the governmental entity to abide by those restrictions.

B. The Department or its agencies may use forms to respond to requests for records.

R698-2-6. Fees.

A fee may be charged for copies of records provided. Amounts charged for photocopying will reflect costs as authorized by Chapter 38, Title 63, and Subsection 63-2-203(1). Fees must be paid at the time the records are provided to the requester. A fee schedule for the direct and indirect costs of photocopying or compiling a record may be obtained from the appropriate records officer.

R698-2-7. Waiver of Fees.

Fees for photocopying and compilation of a record may be waived under certain circumstances described in Subsection 63-2-203(3). Request for this waiver of fees shall be made to the appropriate records officer.

R698-2-8. Requests for Access for Research Purpose.

Access to private or controlled records for research purposes shall be accomplished in accordance with Subsection 63-2-202(8). Requests for access to such records for research purposes shall be made to the appropriate records officer.

R698-2-9. Intellectual Property Records.

When the Department determines that it owns an intellectual property right, it may elect to duplicate and distribute such materials in accordance with Subsection 63-2-201(10). Decisions with regard to these materials will be made by the Department Records Officer. Any questions regarding the photocopying and distribution of such materials should be addressed to the Department Records Officer.

R698-2-10. Request to Amend a Record.

An individual may contest the accuracy or completeness of a document pertaining to him/her pursuant to Section 63-2-603. Such request should be made to the appropriate records officer.

R698-2-11. Appeals of Requests to Amend a Record.

Appeals of requests to amend a record shall be handled as informal adjudicative proceedings under the Utah Administrative Procedures Act. See Chapter 46b, Title 63.

R698-2-12. Appeals.

The Department Administrative Law Judge, 4501 South 2700 West, Salt Lake City, Utah 84119, shall serve as the designee of the Commissioner of Public Safety for the purpose of determining discretionary access to records as set forth in Subsection 63-2-201(5)(b) and also for the purpose of hearing appeals as set forth in Section 63-2-401.

KEY

government documents, freedom of information, public records

Date of Enactment or Last Substantive Amendment

1993

Notice of Continuation

December 16, 2011

Authorizing, Implemented, or Interpreted Law

63-2-204


Additional Information

Contact

For questions regarding the content or application of rules under Title R698, please contact the promulgating agency (Public Safety, 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.