During a transition period, the executive branch shall:
Terms Used In Utah Code 67-1b-104
Executive branch: means :
(i)
the governor, the governor's staff, and the governor's appointed advisors;
(ii)
the lieutenant governor and lieutenant governor's staff;
(iii)
cabinet level officials;
(iv)
except as provided in Subsection (2)(b), an agency, board, department, division, committee, commission, council, office, or other administrative subunit of the executive branch of state government;
(v)
except as provided in Subsection (2)(b), a cabinet officer, elected official, executive director, or board or commission vested with:
(A)
policy making and oversight responsibility for a state executive branch agency; or
(B)
authority to appoint and remove the director of a state executive branch agency;
(vi)
executive ministerial officers;
(vii)
each gubernatorial appointee to a state board, committee, commission, council, or authority;
Governor-elect: means , during a transition period, an individual whom the board of canvassers determines to be the successful candidate for governor after a general election for the office of governor, if that successful candidate is an individual other than the incumbent governor. See Utah Code 67-1b-102
Incoming gubernatorial administration: means a governor-elect, a governor-elect's staff, a lieutenant governor-elect, and a lieutenant governor-elect's staff. See Utah Code 67-1b-102
Transition period: means the period of time beginning the day after the meeting of the board of canvassers under Section 20A-4-306 in a year in which the board of canvassers determines that the successful candidate for governor is an individual other than the incumbent governor, and ending on the first Monday of the next January. See Utah Code 67-1b-102
(a)
provide any lawful assistance that the incoming gubernatorial administration may reasonably request related to the transition between gubernatorial administrations; and
(b)
take reasonable steps to:
(i)
avoid or minimize disruptions that might be occasioned by a transition between gubernatorial administrations; and
(ii)
facilitate an efficient transition between gubernatorial administrations.
(2)
During a transition period, the incoming gubernatorial administration shall take reasonable steps to:
(a)
avoid or minimize disruptions that might be occasioned by a transition between gubernatorial administrations; and
(b)
facilitate an efficient transition between gubernatorial administrations.
(3)
(a)
During a transition period, the executive branch shall timely provide a governor-elect, upon the governor-elect’s request, with all records and information from the executive branch upon any subject relating to the executive branch’s condition, expenditures, expenses, management, operations, personnel, and receipts.
(b)
For a record requested by a governor-elect under Subsection (3)(a) that is classified as private or protected under Title 63G, Chapter 2, Government Records Access and Management Act, there is a rebuttable presumption that disclosure of the record to the governor-elect meets the conditions for disclosure under Subsection 63G-2-201(5).
