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[Utah Code Table of Contents]
[TITLE 63. Table of Contents]
[CHAPTER 2. Table of Contents]
63-2-701 Political subdivisions may adopt ordinances in compliance with chapter.
(1) (a) Each political subdivision may adopt an ordinance or a policy applicable throughout its jurisdiction relating to information practices including classification, designation, access, denials, segregation, appeals, management, retention, and amendment of records.
(b) The ordinance or policy shall comply with the criteria set forth in this section.
(c) If any political subdivision does not adopt and maintain an ordinance or policy, then that political subdivision is subject to this chapter.
(d) Notwithstanding the adoption of an ordinance or policy, each political subdivision is subject to Parts 1 and 3, and Sections 63-2-201 , 63-2-202 , 63-2-205 , 63-2-206 , 63-2-601 , 63-2-602 , 63-2-905 , and 63-2-907 .
(e) Every ordinance, policy, or amendment to the ordinance or policy shall be filed with the state archives no later than 30 days after its effective date.
(f) The political subdivision shall also report to the state archives all retention schedules, and all designations and classifications applied to record series maintained by the political subdivision.
(g) The report required by Subsection (f) is notification to state archives of the political subdivision's retention schedules, designations, and classifications. The report is not subject to approval by state archives. If state archives determines that a different retention schedule is needed for state purposes, state archives shall notify the political subdivision of the state's retention schedule for the records and shall maintain the records if requested to do so under Subsection 63-2-905 (2).
(2) Each ordinance or policy relating to information practices shall:
(a) provide standards for the classification and designation of the records of the political subdivision as public, private, controlled, or protected in accordance with Part 3 of this chapter;
(b) require the classification of the records of the political subdivision in accordance with those standards;
(c) provide guidelines for establishment of fees in accordance with Section 63-2-203 ; and
(d) provide standards for the management and retention of the records of the political subdivision comparable to Section 63-2-903 .
(3) (a) Each ordinance or policy shall establish access criteria, procedures, and response times for requests to inspect, obtain, or amend records of the political subdivision, and time limits for appeals consistent with this chapter.
(b) In establishing response times for access requests and time limits for appeals, the political subdivision may establish reasonable time frames different than those set out in Section 63-2-204 and Part 4 of this chapter if it determines that the resources of the political subdivision are insufficient to meet the requirements of those sections.
(4) (a) The political subdivision shall establish an appeals process for persons aggrieved by classification, designation or access decisions.
(b) The policy or ordinance shall provide for:
(i) an appeals board composed of the governing body of the political subdivision; or
(ii) a separate appeals board composed of members of the governing body and the public, appointed by the governing body.
(5) If the requester concurs, the political subdivision may also provide for an additional level of administrative review to the records committee in accordance with Section 63-2-403 .
(6) Appeals of the decisions of the appeals boards established by political subdivisions shall be by petition for judicial review to the district court. The contents of the petition for review and the conduct of the proceeding shall be in accordance with Sections 63-2-402 and 63-2-404 .
(7) Any political subdivision that adopts an ordinance
or policy under Subsection (1) shall forward to state archives
a copy and summary description of the ordinance or policy.
1994
63-2-702 Applicability to judiciary.
(1) The judiciary is subject to the provisions of this chapter except as provided in this section.
(2) (a) The judiciary is not subject to Part 4 of this chapter except as provided in Subsection (5).
(b) The judiciary is not subject to Part 5 of this chapter.
(c) The judiciary is subject to only the following sections in Part 9 of this chapter: Sections 63-2-905 and 63-2-906 .
(3) The Judicial Council, the Administrative Office of the Courts, the courts, and other administrative units in the judicial branch shall designate and classify their records in accordance with Sections 63-2-301 through 63-2-304 .
(4) Substantially consistent with the provisions of this chapter, the Judicial Council shall:
(a) make rules governing requests for access, fees, classification, designation, segregation, management, denials and appeals of requests for access and retention, and amendment of judicial records;
(b) establish an appellate board to handle appeals from denials of requests for access and provide that a requester who is denied access by the appellate board may file a lawsuit in district court; and
(c) provide standards for the management and retention of judicial records substantially consistent with Section 63-2-903 .
(5) Rules governing appeals from denials of requests for access shall substantially comply with the time limits provided in Section 63-2-204 and Part 4 of this chapter.
(6) Upon request, the state archivist shall:
(a) assist with and advise concerning the establishment of a records management program in the judicial branch; and
(b) as required by the judiciary, provide program services
similar to those available to the executive and legislative
branches of government as provided in this chapter.
1992
63-2-703 Applicability to the Legislature.
(1) The Legislature and its staff offices shall designate and classify records in accordance with Sections 63-2-301 through 63-2-304 as public, private, controlled, or protected.
(2) (a) The Legislature and its staff offices are not subject to Section 63-2-203 or to Part 4 or 5 of this chapter.
(b) The Legislature is subject to only the following sections in Part 9 of this chapter: Sections 63-2-902 , 63-2-906 , and 63-2-909 .
(3) The Legislature, through the Legislative Management Committee, shall establish policies to handle requests for records and fees and may establish an appellate board to hear appeals from denials of access.
(4) Policies shall include reasonable times for responding to access requests consistent with the provisions of Part 2 of this chapter, fees, and reasonable time limits for appeals.
(5) Upon request, the state archivist shall:
(a) assist with and advise concerning the establishment of a records management program in the Legislature; and
(b) as required by the Legislature, provide program services
similar to those available to the executive branch of government,
as provided in this chapter.
1992
