Current through Bulletin 2024-06, March 15, 2024
(1)
(a) To decline a request for a hearing under
Subsection 63G-2-403(4), the Executive Secretary shall consult with the
Committee Chair and at least one other member of the Committee.
(b) The Committee Chair must agree with the
Executive Secretary's recommendation to decline to schedule a hearing. Such a
decision shall consider the potential for a public interest claim as the
petitioner may put forward under Subsection 63G-2-403(11)(b).
(c) The Executive Secretary's notice to the
petitioner indicating that the Committee Chair declined the request for a
hearing, as provided for in Subsection 63G-2-403(4)(b)(ii)(A), shall include a
copy of the previous Order of the Committee holding that the records at issue
are appropriately classified.
(2)
(a) In
any appeal to the Committee of a governmental entity's denial of access to
records because the record is not maintained by the governmental entity, the
petitioner shall provide sufficient evidence in the petitioner's statement of
facts, reasons, and legal authority in support of the appeal, that the record
was maintained by the governmental entity at one time, or that the governmental
entity has concealed, or has not sufficiently or has improperly searched for
the record.
(b) The Committee Chair
shall determine whether or not the petitioner has provided sufficient
evidence.
(c) If the Committee
Chair determines that the petitioner provided sufficient evidence, the Chair
shall direct the Executive Secretary to schedule a hearing.
(d) If the Committee Chair determines that
the petitioner has not provided sufficient evidence, the Chair shall direct the
Executive Secretary to not schedule a hearing and to inform the petitioner of
the determination.
(e) Evidence
that a governmental entity has disposed of the record according to retention
schedules is sufficient basis for the Chair to direct the Executive Secretary
to not schedule a hearing.
(3) To file an appeal, the petitioner must
submit the following:
(a) a copy of the
petitioner's initial records request, or a statement of the specific records
requested if a copy is unavailable to the petitioner;
(b) a copy of any records appeals;
(c) a copy of the final responses from the
respondents containing their decisions regarding the records request and
appeals; and
(d) a statement of
relief sought.
(4)
(a) If the petitioner fails to provide any of
the documents under R35-2-2(3), the Executive Secretary shall notify the
petitioner that until the proper information is submitted, a hearing cannot be
scheduled.
(b) Pursuant to
Subsections 63G-2-403(2) and (4)(a), the petitioner must provide the missing
information within seven days of receipt of the notice for the Executive
Secretary to consider a notice of appeal filed.
(5) Pursuant to Subsection 63G-2-403(1)(a),
the Executive Secretary will not schedule an appeal not timely
received.
(6) Pursuant to Title
63G, Chapter 2, Part 7, Applicability to Political Subdivisions, the Judiciary,
and the Legislature, and to Subsection 63G-2-402(1)(b), the Executive Secretary
may not schedule an appeal pertaining to the Judiciary, Legislature, or to a
political subdivision that has established a local appeals board that has not
yet received and addressed the appeal, because it is not within the Committee's
jurisdiction.
(7) The Committee
shall deny the request from a governmental entity to have an appeal dismissed
due to lack of jurisdiction after a petitioner fails to serve notice of appeal
to the governmental entity pursuant to Subsection 63G-2-403(3)(a).
(8) The Executive Secretary shall report on
appeals received at each regularly scheduled meeting of the Committee to
provide a public record of the actions taken.
(9)
(a) If
a Committee member has requested a discussion to reconsider the decision to
decline or not schedule a hearing, the Committee may, after discussion and by a
majority vote, choose to reverse the decision and hold a hearing.
(b) The discussion of reconsideration is
restricted to Committee members currently present, and it shall include only
the following two questions:
(i) whether the
records requested were covered by a previous Order of the Committee;
and
(ii) whether the petitioner
has, or is likely to, put forth a public interest claim.
(c) If the Committee votes to hold a hearing,
the Executive Secretary shall schedule it on the agenda of the next regularly
scheduled Committee meeting.
(10) The Executive Secretary shall compile
and include in an annual report to the Committee a complete documented list of
hearings held, withdrawn, and declined.
(11)
(a) A
party may submit a brief statement of facts and arguments in support or against
the requested relief that shall be no longer than 15 pages
double-spaced.
(b) The format
should adhere to the Utah Rules of Civil Procedure Rule 10(d).
(c) Either party may request the Chair to
allow a longer statement of facts.
