| (1) |
The person seeking disclosure of an environmental audit report shall request an in camera review of the audit report by a court of record. |
Terms Used In Utah Code 19-7-106
- Environmental audit report: means any document, information, report, finding, communication, note, drawing, graph, chart, photograph, survey, suggestion, or opinion, whether in preliminary, draft, or final form, prepared as the result of or in response to an environmental self-evaluation. See Utah Code 19-7-103
- Environmental self-evaluation: means a self-initiated assessment, audit, or review, not otherwise expressly required by an environmental law, that is performed to determine whether a person is in compliance with environmental laws. See Utah Code 19-7-103
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
| (2) |
| (a) |
If a court of record determines through in camera review that all or part of an environmental audit report is not privileged, the court shall order the disclosure of the nonprivileged portions of the environmental audit report. |
| (b) |
The privileged portions of the environmental audit report may not be disclosed. |
|
| (3) |
The person asserting the environmental self-evaluation privilege has the burden of establishing a prima facie case of privilege. |
| (4) |
The person seeking disclosure of an environmental audit report has the burden of proving that the environmental audit report is not privileged or excepted pursuant to the Utah Rules of Evidence, Rule 508. |
Enacted by Chapter 304, 1995 General Session
