R450. Heritage and Arts, Administration.
R450-1. Government Records Access And Management Act Rules.
The purpose of the following rule is to provide procedures for access to government records.
The authority for the following rule is Section 63G-2-204 and Section 63A-12-104 of the Government Records Access and Management Act (GRAMA), effective July 1, 1992.
R450-1-3. Allocation of Responsibility within DHA.
DHA and its agencies shall be considered a single government entity and the Executive Director of DHA or designee shall be considered the chief administrative officer of DHA and its agencies for purposes of Section 63G-2-401.
R450-1-4. Requests for Access.
(1) Requests for access to government records of the Department of Heritage and Arts (DHA) and its agencies must be made in writing. Except as provided for in Subsection R450-1-4(1)(a) below, record access requests must be directed to the records officer of the DHA agency holding the requested record. The response to a request may be delayed if not properly directed. See Subsections 63G-2-204(2), (6). Record access requests must be directed as set forth below:
(a) Media and other expedited requests must be addressed to the DHA Public Information Officer, located at the DHA Administrative Office in Salt Lake City.
(b) All other requests must be addressed to the Records Officer, located at the main Salt Lake City office of the appropriate DHA agency listed below:
(i) DHA Administration, which includes all other DHA agencies not specifically referenced below;
(ii) Office of Multicultural Affairs;
(iii) Division of Arts and Museums;
(iv) Division of Indian Affairs;
(v) Division of State History; and
(vi) Division of State Library.
A fee schedule for the direct and indirect costs of duplicating or compiling a record may be obtained from DHA by contacting Executive Assistant to the Executive Director, DHA Administration, located at the DHA Administrative Office in Salt Lake City. DHA and its agencies may require payment of past fees and future estimated fees before beginning to process a request if fees are expected to exceed $50.00 or if the requester has not paid fees from previous requests.
R450-1-6. Waiver of Fees.
Fees for duplication and compilation of a record may be waived under certain circumstances described in Subsection 63G-2-203(3). Requests for waiver of fees are made to DHA Executive Assistant to the Executive Director, located at the DHA Administrative Office in Salt Lake City.
R450-1-7. Request for Access for Research Purposes.
Access to private or controlled records for research purposes is allowed by Subsection 63G-2-202(8). Requests for access to such records for research purposes may be made directly to the records officer of the DHA agency from which the record is sought as set forth in R450-1-4.
R450-1-8. Requests for Records Containing Intellectual Property Rights.
If the department owns an intellectual property right contained within records being requested, it shall duplicate and distribute such materials in accordance with Subsection 63G-2-201(10). Initial decisions with regard to these rights will be made by the records officer of the DHA agency from which the record is sought as set forth in R450-1-4.
R450-1-9. Requests to Amend a Record.
(1) An individual may contest the accuracy or completeness of a document pertaining to him pursuant to Section 63G-2-603. All such requests to amend a record shall be made in writing and include the following: 1) the requester's name, mailing address, and daytime telephone number; and 2) a brief statement explaining why DHA should amend the record. Such requests shall be made and directed to the appropriate DHA agency director as set forth below:
(a) Requests to amend records held by DHA Administration or by DHA agencies not specifically referenced below shall be addressed to the Executive Director, located at the DHA Administrative Office in Salt Lake City.
(b) Requests to amend records held by the following listed DHA agencies shall be addressed to the Executive Director, located at the main Salt Lake City office of the applicable agency:
(i) Office of Multicultural Affairs;
(ii) Division of Arts and Museums;
(iii) Division of Indian Affairs;
(iv) Division of State History; and
(v) Division of State Library.
(2) Adjudicative proceedings resulting from requests to amend a record shall be conducted informally. Pursuant to Section 63G-4-203, the following procedures are established by rule to govern such proceedings:
(a) The Director of a DHA agency may delegate the responsibility to respond to a request to amend a record.
(b) An individual making a request to amend a record may also request a meeting to present information or evidence. The agency Director, or designee, receiving the request shall determine whether a meeting with the petitioner will be required to fairly respond to the request.
(c) The Director, or designee, receiving a request to amend a record shall respond to the request in writing within a reasonable time following receipt of the request. In the event a meeting with the petitioner is necessary to fairly evaluate the merits of a request, a written response shall be made within a reasonable time following the conclusion of any such meeting. The response shall contain the following information:
(i) The decision reached.
(ii) The reasons for the decision.
(iii) A notice of the requester's right to appeal to the Executive Director of DHA, or designee, within 30 days of the date of the response, pursuant to Section 63G-4-301.
R450-1-10. Appeals to Agency Head.
Review of an order denying a request to amend a record may be taken to the Executive Director of DHA, or designee, located at the DHA Administrative Office in Salt Lake City. Such review shall be conducted pursuant to the procedures outlined in Section 63G-4-301 of the Utah Code.
R450-1-11. Time Periods Under GRAMA.
The provisions of Rule 6 of the Utah Rules of Civil Procedure shall apply to calculate time periods specified in GRAMA.
(1) All forms described in this Section are available from the records officer of the DHA agency from which the record is sought as set forth in R182-1-4. The forms described as follows or a document prepared by the requester containing substantially similar information to that requested in the DHA forms, shall be completed by requester in connection with records requests:
(a) DHA Record Access Request form is for use by all entities requesting records from DHA or its agencies. This form is intended to assist entities, who request records, to comply with the requirements of Subsection 63G-2-204(1) regarding the contents of a request. If a request is made through a written document other than a completed DHA Record Access Request form, the document must be legible and include the following information: the requester's name; mailing address; daytime telephone number (if available); a description of the records requested that identifies the record with reasonable specificity; and if the request is for a record which is not public, information regarding the requester's status.
(b) DHA Request For Protected Record Status form is for use by all entities providing records to DHA or its agencies. This form is intended to comply with the Section 63G-2-309 regarding business confidentiality claims. If a request for protected records status is made through a written document other than a DHA Request For Protected Record Status form, the document must contain a claim of business confidentiality and a concise statement of reasons supporting the claim of business confidentiality.
(c) DHA Disclosure and Agreement form is for use when another government entity, political subdivisions of the state and their designated economic development agencies request controlled, private or protected records from DHA or its agencies, pursuant to Subsection 63G-2-206. This form discloses to the government entity certain information regarding restrictions on access, and obtains the written agreement of the entity to abide with those restrictions.
(d) DHA Certification by Requesting Government Entity form is for use by another government entity requesting controlled or private records from DHA or its agencies, pursuant to Subsection 63G-2-206. This form requires the information found in the DHA Record Access Request form, as well as certain representations required from the government entity, if the information sought is not public.
(2) DHA or its agencies may use forms to respond to requests for records.
KEY: government documents, freedom of information, public records
Date of Enactment or Last Substantive Amendment: 1992
Notice of Continuation: February 3, 2017
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63A-12-104