Utah Administrative Code
Topic - Administrative Services
Title R35 - Records Committee
Rule R35-1 - State Records Committee Appeal Hearing Procedures
Section R35-1-3 - Burden of Proof
Universal Citation: UT Admin Code R 35-1-3
Current through Bulletin 2024-06, March 15, 2024
(1)
(a) In cases where the appeal concerns
whether the governmental entity possesses or maintains the requested records,
the governmental entity must show by a preponderance of the evidence that its
search for the requested records was reasonable.
(b) Upon the governmental entity establishing
by a preponderance of the evidence that its search was reasonable, the burden
of proof shifts to the petitioner who must show by a preponderance of the
evidence that the search efforts were not reasonable.
(2) In hearings concerning whether a person is a vexatious requester, the Committee shall examine the totality of the circumstances in determining that the person is a vexatious requester as outlined in Subsection 63G-2-209(9).
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