Utah Administrative Code
Topic - Administrative Services
Title R35 - Records Committee
Rule R35-2 - Scheduling and Declining Hearings
Section R35-2-3 - Scheduling and Declining Requests for Vexatious Requester Hearings
Universal Citation: UT Admin Code R 35-2-3
Current through Bulletin 2024-06, March 15, 2024
(1) To decline a request for a hearing under Section 63G-2-209, the Executive Secretary shall consult with the Chair and one other member of the Committee.
(a) The
Committee Chair must agree with the Executive Secretary's recommendation to
decline to schedule a hearing.
(b)
The Executive Secretary's notice to the petitioner and respondent shall include
the reasons for the denial and notify the parties that the Committee will vote
to accept or reject the recommendation to deny the petition without a
hearing.
(c) Upon notifying the
parties of the denial, the Executive Secretary shall add an action item to the
next meeting agenda when the Committee will vote to accept or reject the
denial.
(2) To request a hearing on whether an individual is a vexatious requester, the governmental entity must submit the following:
(a) the
name, phone number, mailing address, and email address of the
respondent;
(b) a description of
the conduct that the governmental entity claims demonstrates that the
respondent is a vexatious requester;
(c) a statement of the relief
sought;
(d) a sworn or unsworn
declaration; and
(e) verification
that the governmental entity sent a copy of the petition to the
respondent.
(f) If the governmental
entity has not provided the information required in Subsection R35-2-3(2), the
Executive Secretary shall notify the governmental entity that a hearing may not
be scheduled until the proper information is submitted.
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