63G-2-502.  State Records Committee — Duties.

(1)  The State Records Committee shall:

Terms Used In Utah Code 63G-2-502

  • 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
  • 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
  • Quorum: The number of legislators that must be present to do business.
  • 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 series: means a group of records that may be treated as a unit for purposes of designation, description, management, or disposition. See Utah Code 63G-2-103
  • 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 archives: means the Division of Archives and Records Service created in Section 63A-12-101. See Utah Code 63G-2-103
  • State Records Committee: means the State Records Committee created in Section 63G-2-501. See Utah Code 63G-2-103
  • (a)  hear appeals from determinations of access under Section 63G-2-403;

    (b)  determine disputes submitted by the state auditor under Subsection 67-3-1(17)(d); and

    (c)  appoint a chair from among the committee’s members.
  • (2)  The State Records Committee may:

    (a)  make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to govern the committee’s proceedings; and

    (b)  by order, after notice and hearing, reassign classification and designation for any record series by a governmental entity if the governmental entity’s classification or designation is inconsistent with this chapter.

    (3) 

    (a)  The State Records Committee shall annually appoint an executive secretary to provide administrative support to the committee.

    (b)  The executive secretary is not a voting member of the committee.

    (4)  Five members of the State Records Committee are a quorum for the transaction of business.

    (5)  The state archives shall provide staff and support services for the State Records Committee.

    (6)  If the State Records Committee reassigns the classification or designation of a record or record series under Subsection (2)(b), any affected governmental entity or any other interested person may appeal the reclassification or redesignation to the district court. The district court shall hear the matter de novo.

    (7)  The Office of the Attorney General shall provide counsel to the State Records Committee.

    Amended by Chapter 254, 2019 General Session