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.


R982. Workforce Services, Administration.

Rule R982-201. Government Records Access and Management Act.

As in effect on July 1, 2014

Table of Contents

R982-201-101. Request for Access to Department of Workforce Services Records.

1. Authority. As required by Subsection 63G-2-204(2)(d), this rule specifies where and to whom a request for access of Department of Workforce Services (DWS) records shall be directed.

2. Definition. Words used in R982-201 are defined in Section 63G-2-103.

3. Requests for Access.

a. All requests for records shall be submitted in accordance with Subsection 63G-2-204(1).

b. A person may submit a request for a record to any DWS office. If the record requested is one originated in that office, that office will respond to the request. If the record is unknown or not available in the office where the request is filed, the request will be sent immediately to the appropriate Employment Center or administrative office. If the office is unsure as to which office is the appropriate one, the request will be sent to the Department of Workforce Services, Records Manager.

4. News Media/Expedited Release. If a requester demonstrates that he is a member of the news media or that expedited release of the record benefits the public rather than an individual, the request shall be submitted to the Department of Workforce Services, Records Manager, or Public Information Officer.

R982-201-102. Fee Schedule for Records Copies.

1. Authority. Pursuant to Section 63G-2-203, the Department will charge fees for the copying and compiling of records, and may waive fees as specified in this rule.

2. Fee Rates. For records which are reproducible in their current form the fee charged for making copies shall be established by the Executive Director in accordance with Section 63G-2-203(1).

3. Payment Waiver.

a. The right to waive payment of fees for copying records shall reside with the staff in the Employment Center or administrative office. No fees shall be charged for reviewing a record or inspecting a record according to Subsections 63G-2-203(4)(a) and (b).

b. Fees shall not be waived where records are provided to professionals providing services for a fee to individuals who would otherwise have access to records under Sections 63G-2-301 through 63G-2-305.

R982-201-103. Appellate Requests, Research Requests and Intellectual Property Access Requests.

1. Authority. As required by Subsection 63G-2-401(9), this rule specifies where and to whom appeals on records access denials may be directed and Subsection 63G-2-201(10) to whom and where requests regarding duplication and distribution of materials for which the agency owns the intellectual property rights, Subsection 63G-2-202(8) regarding requests for access for research purposes may be submitted.

2. Appeals and Special Requests.

a. All first level appeals shall be directed to the individual(s) designated by the Executive Director of the Department of Workforce Services.

b. Special requests including requests for access to records for research purposes, and duplication and distribution of materials for which the agency owns the intellectual property rights shall be submitted to the individuals designated by the Executive Director for the respective Division, Office, Institution, or Bureau of the Department of Workforce Services.

3. Discretionary Access Authority. Not withstanding Section 35A-4-312 of the Employment Security Act and other state or Federal statute or Federal rules and as specified in Subsection 63G-2-201(5)(b) decisions regarding discretionary access to records that are private, or protected under Sections 63G-2-302 and 63G-2-305 where the public interest to know exceeds the right of privacy shall be determined by the Executive Director or designee of the Executive Director.

R982-201-104. Records Modification and Clarification.

1. Authority. Section 63G-2-603 Governmental Records Access and Management Act and Section 63G-4-202 Utah Administrative Procedures Act designate the option of either formal or informal hearings governing modification of records in dispute.

2. Hearings. Hearings on disputed records accuracy shall be conducted informally.

KEY

records

Date of Enactment or Last Substantive Amendment

November 6, 1997

Notice of Continuation

June 12, 2012

Authorizing, Implemented, or Interpreted Law

35A-1-104


Additional Information

Contact

For questions regarding the content or application of rules under Title R982, please contact the promulgating agency (Workforce Services, 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.