Utah Code 63G-2-402. Appealing a decision of a chief administrative officer

63G-2-402. Appealing a decision of a chief administrative officer.

(1)

If the decision of the chief administrative officer of a governmental entity under Section 63G-2-401 is to affirm the denial of a record request, the requester may:

Terms Used In Utah Code 63G-2-402

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.
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

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

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

(a)

(i)	appeal the decision to the State Records Committee, as provided in Section 63G-2-403; or

(ii)	petition for judicial review of the decision in district court, as provided in Section 63G-2-404; or

(b)

appeal the decision to the local appeals board if:

(i)	the decision is of a chief administrative officer of a governmental entity that is a political subdivision; and

(ii)	the political subdivision has established a local appeals board.

(2)	A requester who appeals a chief administrative officer’s decision to the State Records Committee or a local appeals board does not lose or waive the right to seek judicial review of the decision of the State Records Committee or local appeals board.

(3)	As provided in Section 63G-2-403, an interested party may appeal to the State Records Committee a chief administrative officer’s decision under Section 63G-2-401 affirming an access denial.

Amended by Chapter 254, 2019 General Session

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