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

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


R767. Regents (Board of), College of Eastern Utah.

Rule R767-1. Government Records Access and Management Act.

As in effect on October 1, 2014

Table of Contents

R767-1-1. Purpose.

The purpose of this rule is to provide procedures for access to the records of the College of Eastern Utah.

R767-1-2. Authority.

The authority for this rule is provided by Section 63G-2-204 and by Section 63A-12-104 of the Government Records Access and Management Act (GRAMA), effective July 1, 1992.

R767-1-3. Allocation of Responsibilities Within Entity.

College of Eastern Utah (including all campuses, centers, and locations) shall be considered a single governmental entity and the President of College of Eastern Utah shall be considered the head.

R767-1-4. Chief Administrative Officer.

(1) The President of College of Eastern Utah (CEU), is the Chief Administrative Officer at CEU responsible for:

(a) Overall administration of records management programs in satisfying requirements for GRAMA.

(b) Exercise of decision-making authority when a request for access to certain private, controlled or protected records is deemed to outweigh the institution's interests in restricting such access.

(c) Adjudicating appeals by requesters who have been denied access.

(d) Adjudicating appeals by the subject of a record who is requesting an amendment to his/her record.

(e) Deciding requests for information regarding materials of Intellectual Property Rights owned by College of Eastern Utah.

R767-1-5. Records Officer.

(1) The Director of Academic Records/Registrar is the Records Officer for purposes of satisfying GRAMA requirements and is responsible for:

(a) Development and oversight of records management and access.

(b) Serving as liaison with State Archives.

(c) Receiving and processing requests for access of records for all campuses, centers and locations of College of Eastern Utah.

(d) Preparing and maintaining information on records transferred to, and retrieved from the State Archives Division.

(e) Overseeing retention and destruction schedules of various records and record series of the College.

(f) Training of the campus personnel on the requirements of GRAMA.

(g) Other activities consistent with records officer's duties including the designation of records or records series under Section 63G-2-307 of GRAMA.

R767-1-6. Request for Access.

(1) Requests for access to government records of College of Eastern Utah shall be in writing and made to the Director of Academic Records/Registrar, Academic Records Office, Jennifer Leavitt Student Center.

(2) Response to a request submitted to other persons within College of Eastern Utah may be delayed in accordance with subsections 63G-2-204 (2), (6).

(3) A person making a request for a record shall furnish the governmental entity with a request containing his name, mailing address, daytime telephone number, if available, and a description of the records requested that identifies the record with reasonable specificity in pursuant to section 63G-2-204(1).

(4) Subpoenas are not considered written requests under GRAMA.

R767-1-7. Appeals.

(1) Appeals of denied requests will be adjudicated by the President of College of Eastern Utah, or designee.

(2) Requests for appeal should be written and made to the President, President's Office, Reeves Building in accordance with Section 63G-2-401.

R767-1-8. Fees.

(1) A fee schedule of the direct and indirect costs of duplicating or compiling a record may be obtained from College of Eastern Utah by contacting the Academic Records Office, Jennifer Leavitt Student Center.

(2) College of Eastern Utah may require payment of overdue fees and future estimated fees before beginning to process a request if fees are expected to exceed $50.00.

R767-1-9. Waiver of Fees.

Fees for duplication and compilation of a record may be waived under certain circumstances described in Subsection 63G-2-203 (3). Requests for this waiver of fees may be made through the Academic Records Office, Jennifer Leavitt Student Center.

R767-1-10. Request for Access for Research Purposes.

Access to private or controlled records for research purposes is allowed under Subsection 63G-2-202 (8). Requests for access to records for research purposes may be made to the Director of Academic Records/Registrar, Academic Records Office, Jennifer Leavitt Student Center.

R767-1-11. Intellectual Property Rights.

The College of Eastern Utah, which may own an intellectual property right may duplicate and distribute such materials in accordance with Subsection 63G-2-201(10). Decisions with regard to these rights will be made by the President, President's Office, Reeves Building. Any questions regarding the duplication and distribution of such materials should be addressed to the President.

R767-1-12. Requests to Amend a Record.

(1) An individual may contest the accuracy or completeness of a document pertaining to him pursuant to Section 63G-2-603. Such request should be made to the President, President's Office, Reeves Building.

(2) Requests to amend a record shall be conducted in accordance with the steps outlined in Section 63G-2-603 of the GRAMA Act.

R767-1-13. Appeals of Requests to Amend a Record.

Appeals of requests to amend a record shall be handled as informal hearings under the Utah Administrative Procedures Act. Appeals may be filed with the President, President's Office, Reeves Building.

KEY

confidentiality of information, public records, records access, GRAMA

Date of Enactment or Last Substantive Amendment

October 29, 2007

Notice of Continuation

October 1, 2012

Authorizing, Implemented, or Interpreted Law

63G-2-204; 63A-12-104


Additional Information

Contact

For questions regarding the content or application of rules under Title R767, please contact the promulgating agency (Regents (Board of), College of Eastern Utah). 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.