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[Utah Administrative Code Table of Contents]
[Title R035. Table of Contents]
R35-6-1 Authority and Purpose.
In accordance with Subsection 63-2-403 (4)(a), this rule establishes the procedure for requesting and scheduling an Expedited Hearing.
R35-6-2 Definitions.
In addition to terms defined in Section 63-2-102 , Utah Code, and in rule Section R35-2-2 of the Utah Administrative Code, the following apply to this rule:
(a) "Expedited Hearing" means a meeting by the Committee to review a designation of records by a government entity in a quicker manner than in accordance with Subsection 63-2-403 (4)(a).
R35-6-3 Requests for an Expedited Hearing.
(a) A party appealing a records designation to the Committee may request that a hearing be scheduled to hear the appeal prior to 14 days after the date the notice of appeal is filed by making a written request to the Executive Secretary. A copy of this request shall also be mailed to the government entity.
(b) A written request shall include the reason(s) the request is being made.
(c) The Executive Secretary shall consult with the chair of the Committee to decide whether an Expedited Hearing is warranted.
(d) The standard for granting an Expedited Hearing is "good cause shown." The chair shall take into account the reason for the request, and balance that against the burden to the Committee and the government entity.
R35-6-4 Scheduling the Expedited Hearing.
(a) In the event that an Expedited Hearing is granted, the Executive Secretary shall poll the Committee to determine a date upon which a quorum can be obtained.
(b) After settling on a date no sooner than 5 days nor later than 14 days after the notice of appeal has been filed, the Executive Secretary shall contact the petitioner and government entity and schedule the hearing.
(c) The government entity shall file its response to the appeal with the Executive Secretary, and mail a copy to the petitioner no later than three days prior to the scheduled hearing. The Executive Secretary shall make this response available to the Committee as soon as possible.
R35-6-5 Holding the Expedited Hearing.
(a) With the exception of the time frame for scheduling a hearing and providing responses, all other provisions governing hearings under the Government Records Access and Management Act (GRAMA) shall apply to Expedited Hearings.
[Indexing]
KEY: government documents, state records committee, records
appeal hearings
July 16, 1999
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
63-2-502
(2)
