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
Protected record: means a record that is classified protected as provided by Section 63G-2-305. 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
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
Subject to Subsection (8), an individual may contest the accuracy or completeness of any public, or private, or protected record concerning him by requesting the governmental entity to amend the record. However, this section does not affect the right of access to private or protected records.
(b)
The request shall contain the following information:
(i)
the requester’s name, mailing address, and daytime telephone number; and
(ii)
a brief statement explaining why the governmental entity should amend the record.
(3)
The governmental entity shall issue an order either approving or denying the request to amend as provided in Title 63G, Chapter 4, Administrative Procedures Act, or, if the act does not apply, no later than 30 days after receipt of the request.
(4)
If the governmental entity approves the request, it shall correct all of its records that contain the same incorrect information as soon as practical. A governmental entity may not disclose the record until it has amended it.
(5)
If the governmental entity denies the request, it shall:
(a)
inform the requester in writing; and
(b)
provide a brief statement giving its reasons for denying the request.
(6)
(a)
If a governmental entity denies a request to amend a record, the requester may submit a written statement contesting the information in the record.
(b)
The governmental entity shall:
(i)
file the requester’s statement with the disputed record if the record is in a form such that the statement can accompany the record or make the statement accessible if the record is not in a form such that the statement can accompany the record; and
(ii)
disclose the requester’s statement along with the information in the record whenever the governmental entity discloses the disputed information.
(7)
The requester may appeal the denial of the request to amend a record pursuant to the Administrative Procedures Act or, if that act does not apply, to district court.
(8)
This section does not apply to records relating to title to real or personal property, medical records, judicial case files, or any other records that the governmental entity determines must be maintained in their original form to protect the public interest and to preserve the integrity of the record system.
Renumbered and Amended by Chapter 382, 2008 General Session
