Utah Administrative Code
Topic - Commerce
Title R151 - Administration
Rule R151-4 - Department of Commerce Administrative Procedures Act Rule
Section R151-4-514 - Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Universal Citation: UT Admin Code R 151-4-514
Current through Bulletin 2024-06, March 15, 2024
(1) Upon approval by the presiding officer, a party may serve on another party a request:
(a) to produce and permit the party
making the request to:
(i) inspect and copy a
data compilation from which information can be obtained and translated into a
reasonably usable form; or
(ii)
inspect and copy, test, or sample a document or tangible thing that:
(A) constitutes or contains matters within
the scope of Subsection
R151-4-502(1);
and
(B) are in the possession,
custody or control of the party upon whom the request is served;
or
(b) to
permit, within the scope of Subsection
R151-4-502(1),
entry on designated land, property, object, or operation in the possession or
control of the party upon whom the request is served for inspection, measuring,
surveying, photographing, testing, or sampling.
(2)
(a)
Before permitting a party to serve a request for production of documents, the
presiding officer shall first find that the requesting party has demonstrated
the records have not already been provided.
(b) After approval by the presiding officer,
the request may be served on a party.
(c) The request shall:
(i) set forth the items to be inspected
either by individual item or by category;
(ii) describe each item and category with
particularity; and
(iii) specify a
reasonable time, place, and manner of making the inspection and performing the
related acts.
(d)
(i) The party upon whom the request is served
shall serve a written response within 20 days after service of the request
unless the presiding officer allows a shorter or longer time in a written
order.
(ii) The response shall
state, as to each specific item or category:
(A) that the party will permit inspection and
related activities as requested; or
(B) an objection.
(iii) The party submitting the request may
move for an order under Section
R151-4-516 as to any:
(A) objection;
(B) failure to respond to any part of the
request; or
(C) failure to permit
inspection as requested.
(e) A party who produces documents for
inspection shall:
(i) produce them as they
are kept in the usual course of business; or
(ii) organize and label them to correspond
with the categories in the request.
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