Utah Code 63G-2-400.5. Definitions

63G-2-400.5. Definitions.
As used in this part:

(1)	“Access denial” means a governmental entity‘s denial, under Subsection 63G-2-204(9) or Section 63G-2-205, in whole or in part, of a record request.

Terms Used In Utah Code 63G-2-400.5

Access denial: means a governmental entity's denial, under Subsection 63G-2-204(9) or Section 63G-2-205, in whole or in part, of a record request. See Utah Code 63G-2-400.5
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Appellate affirmation: means a decision of a chief administrative officer, local appeals board, or State Records Committee affirming an access denial. See Utah Code 63G-2-400.5
Governmental entity: means :

(i)

executive department agencies of the state, the offices of the governor, lieutenant governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole, the Board of Examiners, the National Guard, the Career Service Review Office, the State Board of Education, the Utah Board of Higher Education, and the State Archives;

(ii)	the Office of the Legislative Auditor General, Office of the Legislative Fiscal Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative committees, except any political party, group, caucus, or rules or sifting committee of the Legislature;

(iii)

courts, the Judicial Council, the Administrative Office of the Courts, and similar administrative units in the judicial branch;

(iv)	any state-funded institution of higher education or public education; or

(v)

any political subdivision of the state, but, if a political subdivision has adopted an ordinance or a policy relating to information practices pursuant to Section 63G-2-701, this chapter shall apply to the political subdivision to the extent specified in Section 63G-2-701 or as specified in any other section of this chapter that specifically refers to political subdivisions. See Utah Code 63G-2-103

Interested party: means a person, other than a requester, who is aggrieved by an access denial or an appellate affirmation, whether or not the person participated in proceedings leading to the access denial or appellate affirmation. See Utah Code 63G-2-400.5

Local appeals board: means an appeals board established by a political subdivision under Subsection 63G-2-701(5)(c). See Utah Code 63G-2-400.5

Person: means :

(a)	an individual;

(b)	a nonprofit or profit corporation;

(c)	a partnership;

(d)	a sole proprietorship;

(e)	other type of business organization; or

(f)

any combination acting in concert with one another. See Utah Code 63G-2-103

Record: means a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material regardless of physical form or characteristics:

(i)	that is prepared, owned, received, or retained by a governmental entity or political subdivision; and

(ii)

where all of the information in the original is reproducible by photocopy or other mechanical or electronic means. See Utah Code 63G-2-103

Record request: means a request for a record under Section 63G-2-204. See Utah Code 63G-2-400.5

Requester: means a person who submits a record request to a governmental entity. See Utah Code 63G-2-400.5

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

State Records Committee: means the State Records Committee created in Section 63G-2-501. See Utah Code 63G-2-103

(2)

“Appellate affirmation” means a decision of a chief administrative officer, local appeals board, or State Records Committee affirming an access denial.

(3)	“Interested party” means a person, other than a requester, who is aggrieved by an access denial or an appellate affirmation, whether or not the person participated in proceedings leading to the access denial or appellate affirmation.

(4)	“Local appeals board” means an appeals board established by a political subdivision under Subsection 63G-2-701(5)(c).

(5)	“Record request” means a request for a record under Section 63G-2-204.

(6)

“Records committee appellant” means:

(a)	a political subdivision that seeks to appeal a decision of a local appeals board to the State Records Committee; or

(b)	a requester or interested party who seeks to appeal to the State Records Committee a decision affirming an access denial.

(7)	“Requester” means a person who submits a record request to a governmental entity.

Amended by Chapter 254, 2019 General Session
Amended by Chapter 334, 2019 General Session

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