Part 1 General Provisions 63G-2-101 – 63G-2-108
Part 2 Access to Records 63G-2-201 – 63G-2-209
Part 3 Classification 63G-2-301 – 63G-2-310
Part 4 Appeals 63G-2-400.5 – 63G-2-406
Part 5 State Records Committee 63G-2-501 – 63G-2-502
Part 6 Collection of Information and Accuracy of Records 63G-2-601 – 63G-2-604
Part 7 Applicability to Political Subdivisions, the Judiciary, the Legislature, and the Governor and Lieutenant Governor 63G-2-701 – 63G-2-704
Part 8 Remedies 63G-2-801 – 63G-2-804
Part 9 Public Associations 63G-2-901

Terms Used In Utah Code > Title 63G > Chapter 2 - Government Records Access and Management Act

  • 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
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Annuity: means an agreement to make periodical payments for a period certain or over the lifetime of one or more individuals if the making or continuance of all or some of the series of the payments, or the amount of the payment, is dependent upon the continuance of human life. See Utah Code 31A-1-301
  • 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
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
  • Arrest: Taking physical custody of a person by lawful authority.
  • Audit: means :
    (a) a systematic examination of financial, management, program, and related records for the purpose of determining the fair presentation of financial statements, adequacy of internal controls, or compliance with laws and regulations; or
    (b) a systematic examination of program procedures and operations for the purpose of determining their effectiveness, economy, efficiency, and compliance with statutes and regulations. See Utah Code 63G-2-103
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Computer program: means :
    (i) a series of instructions or statements that permit the functioning of a computer system in a manner designed to provide storage, retrieval, and manipulation of data from the computer system; and
    (ii) any associated documentation and source material that explain how to operate the computer program. See Utah Code 63G-2-103
  • Contract: A legal written agreement that becomes binding when signed.
  • Contractor: means :
    (i) any person who contracts with a governmental entity to provide goods or services directly to a governmental entity; or
    (ii) any private, nonprofit organization that receives funds from a governmental entity. See Utah Code 63G-2-103
  • Controlled record: means a record containing data on individuals that is controlled as provided by Section 63G-2-304. See Utah Code 63G-2-103
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corporation: means an insurance corporation, except when referring to:
    (i) a corporation doing business:
    (A) as:
    (I) an insurance producer;
    (II) a surplus lines producer;
    (III) a limited line producer;
    (IV) a consultant;
    (V) a managing general agent;
    (VI) a reinsurance intermediary;
    (VII) a third party administrator; or
    (VIII) an adjuster; and
    (B) under:
    (I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries;
    (II) Chapter 25, Third Party Administrators; or
    (III) Chapter 26, Insurance Adjusters; or
    (ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Domestic insurer: means an insurer organized under the laws of this state. See Utah Code 31A-1-301
  • Donor: The person who makes a gift.
  • Elected official: means each person elected to a state office, county office, municipal office, school board or school district office, special district office, or special service district office, but does not include judges. See Utah Code 63G-2-103
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Explosive: means a chemical compound, device, or mixture:
    (a) commonly used or intended for the purpose of producing an explosion; and
    (b) that contains oxidizing or combustive units or other ingredients in proportions, quantities, or packing so that:
    (i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases; and
    (ii) the resultant gaseous pressures are capable of:
    (A) producing destructive effects on contiguous objects; or
    (B) causing death or serious bodily injury. See Utah Code 63G-2-103
  • Fiduciary: A trustee, executor, or administrator.
  • Filed: means that a filing is:
    (i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
    (ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
    (iii) accompanied by the appropriate fee in accordance with:
    (A) Section 31A-3-103; or
    (B) rule. See Utah Code 31A-1-301
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • Gross compensation: means every form of remuneration payable for a given period to an individual for services provided including salaries, commissions, vacation pay, severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any similar benefit received from the individual's employer. See Utah Code 63G-2-103
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Individual: means a human being. See Utah Code 63G-2-103
  • Initial contact report: means an initial written or recorded report, however titled, prepared by peace officers engaged in public patrol or response duties describing official actions initially taken in response to either a public complaint about or the discovery of an apparent violation of law, which report may describe:
    (i) the date, time, location, and nature of the complaint, the incident, or offense;
    (ii) names of victims;
    (iii) the nature or general scope of the agency's initial actions taken in response to the incident;
    (iv) the general nature of any injuries or estimate of damages sustained in the incident;
    (v) the name, address, and other identifying information about any person arrested or charged in connection with the incident; or
    (vi) the identity of the public safety personnel, except undercover personnel, or prosecuting attorney involved in responding to the initial incident. See Utah Code 63G-2-103
  • insolvent: means that:
    (a) an insurer is unable to pay the insurer's obligations as the obligations are due;
    (b) an insurer's total adjusted capital is less than the insurer's mandatory control level RBC under Subsection 31A-17-601(8)(c); or
    (c) an insurer's admitted assets are less than the insurer's liabilities. See Utah Code 31A-1-301
  • Insurance: includes :
    (i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
    (ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
    (iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative body: means the Legislature. See Utah Code 63G-2-103
  • Liability insurance: includes :
    (i) vehicle liability insurance;
    (ii) residential dwelling liability insurance; and
    (iii) making inspection of, and issuing a certificate of inspection upon, an elevator, boiler, machinery, or apparatus of any kind when done in connection with insurance on the elevator, boiler, machinery, or apparatus. See Utah Code 31A-1-301
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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
  • Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
  • Notice of compliance: means a statement confirming that a governmental entity has complied with an order of the State Records Committee. See Utah Code 63G-2-103
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes :
    (a) an individual;
    (b) a partnership;
    (c) a corporation;
    (d) an incorporated or unincorporated association;
    (e) a joint stock company;
    (f) a trust;
    (g) a limited liability company;
    (h) a reciprocal;
    (i) a syndicate; or
    (j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
  • 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
  • Personal identifying information: means the same as that term is defined in Section 63A-12-100. See Utah Code 63G-2-103
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Policy: includes a service contract issued by:
    (i) a motor club under Chapter 11, Motor Clubs;
    (ii) a service contract provided under Chapter 6a, Service Contracts; and
    (iii) a corporation licensed under:
    (A) Chapter 7, Nonprofit Health Service Insurance Corporations; or
    (B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Privacy annotation: means the same as that term is defined in Section 63A-12-100. See Utah Code 63G-2-103
  • Private provider: means any person who contracts with a governmental entity to provide services directly to the public. See Utah Code 63G-2-103
  • Private record: means a record containing data on individuals that is private as provided by Section 63G-2-302. See Utah Code 63G-2-103
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Protected record: means a record that is classified protected as provided by Section 63G-2-305. See Utah Code 63G-2-103
  • Public record: means a record that is not private, controlled, or protected and that is not exempt from disclosure as provided in Subsection 63G-2-201(3)(b). See Utah Code 63G-2-103
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reasonable search: means a search that is:
    (a) reasonable in scope and intensity; and
    (b) not unreasonably burdensome for the government entity. 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
  • 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
  • Records committee appellant: means :Utah Code 63G-2-400.5
  • Records officer: means the individual appointed by the chief administrative officer of each governmental entity, or the political subdivision to work with state archives in the care, maintenance, scheduling, designation, classification, disposal, and preservation of records. See Utah Code 63G-2-103
  • Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
  • Reinsurer: means a person licensed in this state as an insurer with the authority to assume reinsurance. See Utah Code 31A-1-301
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Requester: means a person who submits a record request to a governmental entity. See Utah Code 63G-2-400.5
  • Security: means a:
    (i) note;
    (ii) stock;
    (iii) bond;
    (iv) debenture;
    (v) evidence of indebtedness;
    (vi) certificate of interest or participation in a profit-sharing agreement;
    (vii) collateral-trust certificate;
    (viii) preorganization certificate or subscription;
    (ix) transferable share;
    (x) investment contract;
    (xi) voting trust certificate;
    (xii) certificate of deposit for a security;
    (xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
    (xiv) commodity contract or commodity option;
    (xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (171)(a)(i) through (xiv); or
    (xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Sponsored research: means research, training, and other sponsored activities as defined by the federal Executive Office of the President, Office of Management and Budget:
    (a) conducted:
    (i) by an institution within the state system of higher education defined in Section 53B-1-102; and
    (ii) through an office responsible for sponsored projects or programs; and
    (b) funded or otherwise supported by an external:
    (i) person that is not created or controlled by the institution within the state system of higher education; or
    (ii) federal, state, or local governmental entity. 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 archivist: means the director of the state archives. 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
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summary data: means statistical records and compilations that contain data derived from private, controlled, or protected information but that do not disclose private, controlled, or protected information. See Utah Code 63G-2-103
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
  • Writing: includes :Utah Code 68-3-12.5