reglab/statecodes huggingface dataset:
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 1 - General Provisions › Section 107 - Disclosure of records subject to federal law or other provisions of state law.

Effective 5/3/2023
63G-2-107.
Disclosure of records subject to federal law or other provisions of state law.
(1)
(a) The disclosure of a record to which access is governed or limited pursuant to court rule, another state statute, federal statute, or federal regulation, including a record for which access is governed or limited as a condition of participation in a state or federal program or for receiving state or federal funds, is governed by the specific provisions of that statute, rule, or regulation.
(b) Except as provided in Subsection (2), this chapter applies to records described in Subsection (1)(a) to the extent that this chapter is not inconsistent with the statute, rule, or regulation.
(2) Except as provided in Subsection (3), this chapter does not apply to a record containing protected health information as defined in 45 C.F.R., Part 164, Standards for Privacy of Individually Identifiable Health Information, if the record is:
(a) controlled or maintained by a governmental entity; and
(b) governed by 45 C.F.R., Parts 160 and 164, Standards for Privacy of Individually Identifiable Health Information.
(c) The disclosure of an education record as defined in the Family Educational Rights and Privacy Act, 34 C.F.R. Part 99, that is controlled or maintained by a governmental entity shall be governed by the Family Educational Rights and Privacy Act, 34 C.F.R. Part 99.
(3) This section does not exempt any record or record series from the provisions of Subsection 63G-2-601(1).
Amended by Chapter 173, 2023 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 1 - General Provisions › Section 108 - Certification of records officer.

63G-2-108.
Certification of records officer.
Each records officer of a governmental entity or political subdivision shall, on an annual basis, successfully complete online training and obtain certification from state archives in accordance with Section 63A-12-110.
Enacted by Chapter 377, 2012 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 2 - Access to Records › Section 205 - Denials.

63G-2-205.
Denials.
(1) If the governmental entity denies the request in whole or part, it shall provide a notice of denial to the requester either in person or by sending the notice to the requester's address.
(2) The notice of denial shall contain the following information:
(a) a description of the record or portions of the record to which access was denied, provided that the description does not disclose private, controlled, or protected information or information exempt from disclosure under Subsection 63G-2-201(3)(b);
(b) citations to the provisions of this chapter, court rule or order, another state statute, federal statute, or federal regulation that exempt the record or portions of the record from disclosure, provided that the citations do not disclose private, controlled, or protected information or information exempt from disclosure under Subsection 63G-2-201(3)(b);
(c) a statement that the requester has the right to appeal the denial to the chief administrative officer of the governmental entity; and
(d) the time limits for filing an appeal, and the name and business address of the chief administrative officer of the governmental entity.
(3) Unless otherwise required by a court or agency of competent jurisdiction, a governmental entity may not destroy or give up custody of any record to which access was denied until the period for an appeal has expired or the end of the appeals process, including judicial appeal.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 2 - Access to Records › Section 207 - Subpoenas -- Court ordered disclosure for discovery.

63G-2-207.
Subpoenas -- Court ordered disclosure for discovery.
(1) Subpoenas and other methods of discovery under the state or federal statutes or rules of civil, criminal, administrative, or legislative procedure are not written requests under Section 63G-2-204.
(2)
(a)
(i) Except as otherwise provided in Subsection (2)(c), in judicial or administrative proceedings in which an individual is requesting discovery of records classified private, controlled, or protected under this chapter, or otherwise restricted from access by other statutes, the court, or an administrative law judge shall follow the procedure in Subsection 63G-2-202(7) before ordering disclosure.
(ii) Until the court or an administrative law judge orders disclosure, these records are privileged from discovery.
(b) If, the court or administrative order requires disclosure, the terms of the order may limit the requester's further use and disclosure of the record in accordance with Subsection 63G-2-202(7), in order to protect the privacy interests recognized in this chapter.
(c) Unless a court or administrative law judge imposes limitations in a restrictive order, this section does not limit the right to obtain:
(i) records through the procedures set forth in this chapter; or
(ii) medical records discoverable under state or federal court rules as authorized by Subsection 63G-2-302(3).
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 2 - Access to Records › Section 208 - Public repository of legislative email.

63G-2-208.
Public repository of legislative email.
(1) As used in this section, "repository" means the repository of email described in Subsection (2).
(2)
(a) On or before January 1, 2014, the Legislature shall post on its website a publicly accessible repository containing email that legislators transfer to it as provided in this section.
(b) The repository shall be searchable by sender, receiver, and subject.
(3) A legislator may transfer to the repository an email that the legislator sent or received.
(4) An email in the repository may be removed from the repository if:
(a) the email was accidentally transferred to the repository;
(b) it is determined that the email is not a record or that the email is a private, protected, or controlled record;
(c) the email is deleted pursuant to the Legislature's record retention policy; or
(d) for an email that is not removed from the repository earlier under Subsection (4)(a), (b), or (c), at least two years have passed after the day the legislator first sent or received the email.
(5) A legislator's failure to transfer an email to the repository does not alone mean that the email is a private, protected, or controlled record.
Enacted by Chapter 231, 2013 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 3 - Classification › Section 304 - Controlled records.

63G-2-304.
Controlled records.
A record is controlled if:
(1) the record contains medical, psychiatric, or psychological data about an individual;
(2) the governmental entity reasonably believes that:
(a) releasing the information in the record to the subject of the record would be detrimental to the subject's mental health or to the safety of any individual; or
(b) releasing the information would constitute a violation of normal professional practice and medical ethics; and
(3) the governmental entity has properly classified the record.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 3 - Classification › Section 305.5 - Viewing or obtaining lists of signatures.

Effective 5/5/2021
63G-2-305.5.
Viewing or obtaining lists of signatures.
(1) The records custodian of a signature described in Subsection 63G-2-305(75) shall, upon request, except for a name or signature classified as private under Title 20A, Chapter 2, Voter Registration:
(a) provide a list of the names of the individuals who signed the petition or request; and
(b) permit an individual to view, but not take a copy or other image of, the signatures on a political petition described in Subsection 63G-2-305(75).
(2) The records custodian of a signature described in Subsection 63G-2-305(76) shall, upon request, except for a name or signature classified as private under Title 20A, Chapter 2, Voter Registration:
(a) provide a list of the names of registered voters, excluding the names that are classified as private under Title 20A, Chapter 2, Voter Registration; and
(b) except for a signature classified as private under Title 20A, Chapter 2, Voter Registration, permit an individual to view, but not take a copy or other image of, the signature on a voter registration record.
(3) Except for a signature classified as private under Title 20A, Chapter 2, Voter Registration, the records custodian of a signature described in Subsection 63G-2-305(77) shall, upon request, permit an individual to view, but not take a copy or other image of, a signature.
Amended by Chapter 231, 2021 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 3 - Classification › Section 306 - Procedure to determine classification.

63G-2-306.
Procedure to determine classification.
(1) If more than one provision of this chapter could govern the classification of a record, the governmental entity shall classify the record by considering the nature of the interests intended to be protected and the specificity of the competing provisions.
(2) Nothing in Subsection 63G-2-302(2), Section 63G-2-304, or 63G-2-305 requires a governmental entity to classify a record as private, controlled, or protected.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 3 - Classification › Section 307 - Duty to evaluate records and make designations, classifications, and annotations.

Effective 5/3/2023
63G-2-307.
Duty to evaluate records and make designations, classifications, and annotations.
(1) A governmental entity shall, for each record series that the governmental entity keeps, uses, or creates:
(a) evaluate all record series;
(b) designate each record series as provided by this chapter and Title 63A, Chapter 12, Division of Archives and Records Service and Management of Government Records; and
(c) report to the state archives:
(i) the designation described in Subsection (1)(b); and
(ii) if the governmental entity is an executive branch agency, as defined in Section 63A-12-100.5, the privacy annotation.
(2) A governmental entity may classify a particular record, record series, or information within a record at any time, but is not required to classify a particular record, record series, or information until access to the record is requested.
(3) A governmental entity may redesignate a record series or reclassify a record or record series, or information within a record at any time.
Amended by Chapter 173, 2023 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 3 - Classification › Section 308 - Allowing or denying access based on status of information in a record.

Effective 5/14/2019
63G-2-308.
Allowing or denying access based on status of information in a record.
Notwithstanding any other provision in this chapter, if a governmental entity receives a request for access to a record that contains both information that the requester is entitled to inspect and information that the requester is not entitled to inspect under this chapter, and, if the information the requester is entitled to inspect is intelligible, the governmental entity:
(1) shall, except as provided in Subsection 63G-2-201(1)(b)(iii), allow access to information in the record that the requester is entitled to inspect under this chapter; and
(2) may deny access to information in the record if the information is exempt from disclosure to the requester, issuing a notice of denial as provided in Section 63G-2-205.
Amended by Chapter 334, 2019 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 3 - Classification › Section 309 - Confidentiality claims.

Effective 5/3/2023
63G-2-309.
Confidentiality claims.
(1)
(a)
(i) Any person who provides to a governmental entity a record that the person believes should be protected under Subsection 63G-2-305(1) or (2) or both Subsections 63G-2-305(1) and (2) shall provide with the record:
(A) a written claim of business confidentiality; and
(B) a concise statement of reasons supporting the claim of business confidentiality.
(ii) Any of the following who provides to an institution within the state system of higher education defined in Section 53B-1-102 a record that the person or governmental entity believes should be protected under Subsection 63G-2-305(40)(a)(ii) or (vi) or both Subsections 63G-2-305(40)(a)(ii) and (vi) shall provide the institution within the state system of higher education a written claim of business confidentiality in accordance with Section 53B-16-304:
(A) a person;
(B) a federal governmental entity;
(C) a state governmental entity; or
(D) a local governmental entity.
(b) A person or governmental entity who complies with this Subsection (1) shall be notified by the governmental entity to whom the request for a record is made if:
(i) a record claimed to be protected under one of the following is classified public:
(A) Subsection 63G-2-305(1);
(B) Subsection 63G-2-305(2);
(C) Subsection 63G-2-305(40)(a)(ii);
(D) Subsection 63G-2-305(40)(a)(vi); or
(E) a combination of the provisions described in Subsections (1)(b)(i)(A) through (D); or
(ii) the governmental entity to whom the request for a record is made determines that the record claimed to be protected under a provision listed in Subsection (1)(b)(i) should be released after balancing interests under Subsection 63G-2-201(5)(b) or 63G-2-401(6).
(c) A person who makes a claim of business confidentiality under this Subsection (1) shall protect, defend, and indemnify the governmental entity that retains the record, and all staff and employees of the governmental entity from and against any claims, liability, or damages resulting from or arising from a denial of access to the record as a protected record based on the claim of business confidentiality.
(2)
(a) Except as provided in Subsection (2)(b) or by court order, the governmental entity to whom the request for a record is made may not disclose a record claimed to be protected under a provision listed in Subsection (1)(b)(i) but which the governmental entity or State Records Committee determines should be disclosed until the period in which to bring an appeal expires or the end of the appeals process, including judicial appeal.
(b) Subsection (2)(a) does not apply where the claimant, after notice, has waived the claim by not appealing or intervening before the State Records Committee.
(3) Disclosure or acquisition of information under this chapter does not constitute misappropriation under Subsection 13-24-2(2).
Amended by Chapter 516, 2023 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 3 - Classification › Section 310 - Records made public after 75 years.

63G-2-310.
Records made public after 75 years.
(1) The classification of a record is not permanent and a record that was not classified public under this act shall become a public record when the justification for the original or any subsequent restrictive classification no longer exists. A record shall be presumed to be public 75 years after its creation, except that a record that contains information about an individual 21 years old or younger at the time of the record's creation shall be presumed to be public 100 years after its creation.
(2) Subsection (1) does not apply to records of unclaimed property held by the state treasurer in accordance with Title 67, Chapter 4a, Revised Uniform Unclaimed Property Act.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 4 - Appeals › Section 400.5 - Definitions.

Effective 5/14/2019
63G-2-400.5.
Definitions.
As used in this part:
(1) "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.
(2) "Appellate affirmation" means a decision of a chief administrative officer, local appeals board, or State Records Committee affirming an access denial.
(3) "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.
(4) "Local appeals board" means an appeals board established by a political subdivision under Subsection 63G-2-701(5)(c).
(5) "Record request" means a request for a record under Section 63G-2-204.
(6) "Records committee appellant" means:
(a) a political subdivision that seeks to appeal a decision of a local appeals board to the State Records Committee; or
(b) a requester or interested party who seeks to appeal to the State Records Committee a decision affirming an access denial.
(7) "Requester" means a person who submits a record request to a governmental entity.
Amended by Chapter 254, 2019 General Session
Amended by Chapter 334, 2019 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 4 - Appeals › Section 402 - Appealing a decision of a chief administrative officer.

Effective 5/14/2019
63G-2-402.
Appealing a decision of a chief administrative officer.
(1) If the decision of the chief administrative officer of a governmental entity under Section 63G-2-401 is to affirm the denial of a record request, the requester may:
(a)
(i) appeal the decision to the State Records Committee, as provided in Section 63G-2-403; or
(ii) petition for judicial review of the decision in district court, as provided in Section 63G-2-404; or
(b) appeal the decision to the local appeals board if:
(i) the decision is of a chief administrative officer of a governmental entity that is a political subdivision; and
(ii) the political subdivision has established a local appeals board.
(2) A requester who appeals a chief administrative officer's decision to the State Records Committee or a local appeals board does not lose or waive the right to seek judicial review of the decision of the State Records Committee or local appeals board.
(3) As provided in Section 63G-2-403, an interested party may appeal to the State Records Committee a chief administrative officer's decision under Section 63G-2-401 affirming an access denial.
Amended by Chapter 254, 2019 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 4 - Appeals › Section 405 - Confidential treatment of records for which no exemption applies.

Effective 5/4/2022
63G-2-405.
Confidential treatment of records for which no exemption applies.
(1) A court may, on appeal or in a declaratory or other action, order the confidential treatment of records for which no exemption from disclosure applies if:
(a) there are compelling interests favoring restriction of access to the record; and
(b) the interests favoring restriction of access clearly are greater than or equal to the interests favoring access.
(2) If a governmental entity requests a court to restrict access to a record under this section, the court shall require the governmental entity to pay the reasonable attorney fees and costs incurred by the lead party in opposing the governmental entity's request, if:
(a) the court finds that no statutory or constitutional exemption from disclosure could reasonably apply to the record in question; and
(b) the court denies confidential treatment under this section.
(3) This section does not apply to records that are specifically required to be public under statutory provisions outside of this chapter or under Section 63G-2-301, except as provided in Subsection (4).
(4)
(a) Access to drafts and empirical data in drafts may be limited under this section, but the court may consider, in its evaluation of interests favoring restriction of access, only those interests that relate to the underlying information, and not to the deliberative nature of the record.
(b) Access to original data in a computer program may be limited under this section, but the court may consider, in its evaluation of interests favoring restriction of access, only those interests that relate to the underlying information, and not to the status of that data as part of a computer program.
(5) Except for the waiver of immunity in Subsection 63G-7-301(2)(e), a claim for attorney fees or costs under this section is not subject to Chapter 7, Governmental Immunity Act of Utah.
Amended by Chapter 388, 2022 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 4 - Appeals › Section 406 - Evidentiary standards for release of certain enforcement and litigation records.

63G-2-406.
Evidentiary standards for release of certain enforcement and litigation records.
(1) A record that is classified as protected under Subsection 63G-2-305(10), (17), (18), (23), (24), or (33) may be ordered to be disclosed under the provisions of Subsection 63G-2-401(6), 63G-2-403(11)(b), or 63G-2-404(7)(a) only if the person or party seeking disclosure of the record has established, by a preponderance of the evidence, that the public interest favoring access is equal to or greater than the interest favoring restriction of access.
(2) A record that is classified as protected under Subsection 63G-2-305(11) may be ordered to be disclosed under the provisions of Subsection 63G-2-401(6), 63G-2-403(11)(b), or 63G-2-404(7) only if the person or party seeking disclosure of the record has established, by clear and convincing evidence, that the public interest favoring access is equal to or greater than the interest favoring restriction of access.
Amended by Chapter 445, 2013 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 5 - State Records Committee › Section 501 - State Records Committee created -- Membership -- Terms -- Vacancies -- Expenses.

Effective 7/1/2021
63G-2-501.
State Records Committee created -- Membership -- Terms -- Vacancies -- Expenses.
(1) There is created the State Records Committee within the Department of Government Operations consisting of the following seven individuals:
(a) an individual in the private sector whose profession requires the individual to create or manage records that, if created by a governmental entity, would be private or controlled;
(b) an individual with experience with electronic records and databases, as recommended by a statewide technology advocacy organization that represents the public, private, and nonprofit sectors;
(c) the director of the Division of Archives and Records Services or the director's designee;
(d) two citizen members;
(e) one person representing political subdivisions, as recommended by the Utah League of Cities and Towns; and
(f) one individual representing the news media.
(2) The governor shall appoint the members described in Subsections (1)(a), (b), (d), (e), and (f) with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
(3)
(a) Except as provided in Subsection (3)(b), the governor shall appoint each member to a four-year term.
(b) Notwithstanding Subsection (3)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of committee members are staggered so that approximately half of the committee is appointed every two years.
(c) Each appointed member is eligible for reappointment for one additional term.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(5) A member of the State Records Committee may not receive compensation or benefits for the member's service on the committee, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
(6) A member described in Subsection (1)(a), (b), (d), (e), or (f) shall comply with the conflict of interest provisions described in Chapter 24, Part 3, Conflicts of Interest.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 5 - State Records Committee › Section 502 - State Records Committee -- Duties.

Effective 5/14/2019
63G-2-502.
State Records Committee -- Duties.
(1) The State Records Committee shall:
(a) hear appeals from determinations of access under Section 63G-2-403;
(b) determine disputes submitted by the state auditor under Subsection 67-3-1(17)(d); and
(c) appoint a chair from among the committee's members.
(2) The State Records Committee may:
(a) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to govern the committee's proceedings; and
(b) by order, after notice and hearing, reassign classification and designation for any record series by a governmental entity if the governmental entity's classification or designation is inconsistent with this chapter.
(3)
(a) The State Records Committee shall annually appoint an executive secretary to provide administrative support to the committee.
(b) The executive secretary is not a voting member of the committee.
(4) Five members of the State Records Committee are a quorum for the transaction of business.
(5) The state archives shall provide staff and support services for the State Records Committee.
(6) If the State Records Committee reassigns the classification or designation of a record or record series under Subsection (2)(b), any affected governmental entity or any other interested person may appeal the reclassification or redesignation to the district court. The district court shall hear the matter de novo.
(7) The Office of the Attorney General shall provide counsel to the State Records Committee.
Amended by Chapter 254, 2019 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 6 - Collection of Information and Accuracy of Records › Section 602 - Disclosure to subject of records -- Context of use.

63G-2-602.
Disclosure to subject of records -- Context of use.
When providing records under Subsection 63G-2-202(1) or when providing public records about an individual to the persons specified in Subsection 63G-2-202(1), a governmental entity shall, upon request, disclose the context in which the record is used.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 6 - Collection of Information and Accuracy of Records › Section 603 - Requests to amend a record -- Appeals.

63G-2-603.
Requests to amend a record -- Appeals.
(1) Proceedings of state agencies under this section shall be governed by Title 63G, Chapter 4, Administrative Procedures Act.
(2)
(a) Subject to Subsection (8), an individual may contest the accuracy or completeness of any public, or private, or protected record concerning him by requesting the governmental entity to amend the record. However, this section does not affect the right of access to private or protected records.
(b) The request shall contain the following information:
(i) the requester's name, mailing address, and daytime telephone number; and
(ii) a brief statement explaining why the governmental entity should amend the record.
(3) The governmental entity shall issue an order either approving or denying the request to amend as provided in Title 63G, Chapter 4, Administrative Procedures Act, or, if the act does not apply, no later than 30 days after receipt of the request.
(4) If the governmental entity approves the request, it shall correct all of its records that contain the same incorrect information as soon as practical. A governmental entity may not disclose the record until it has amended it.
(5) If the governmental entity denies the request, it shall:
(a) inform the requester in writing; and
(b) provide a brief statement giving its reasons for denying the request.
(6)
(a) If a governmental entity denies a request to amend a record, the requester may submit a written statement contesting the information in the record.
(b) The governmental entity shall:
(i) file the requester's statement with the disputed record if the record is in a form such that the statement can accompany the record or make the statement accessible if the record is not in a form such that the statement can accompany the record; and
(ii) disclose the requester's statement along with the information in the record whenever the governmental entity discloses the disputed information.
(7) The requester may appeal the denial of the request to amend a record pursuant to the Administrative Procedures Act or, if that act does not apply, to district court.
(8) This section does not apply to records relating to title to real or personal property, medical records, judicial case files, or any other records that the governmental entity determines must be maintained in their original form to protect the public interest and to preserve the integrity of the record system.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 6 - Collection of Information and Accuracy of Records › Section 604 - Retention and disposition of records.

Effective 5/3/2023
63G-2-604.
Retention and disposition of records.
(1)
(a) Except for a governmental entity that is permitted to maintain the governmental entity's own retention schedules under Part 7, Applicability to Political Subdivisions, the Judiciary, the Legislature, and the Governor and Lieutenant Governor, each governmental entity shall file with the Records Management Committee created in Section 63A-12-112 a proposed schedule for the retention and disposition of each type of material that is defined as a record under this chapter.
(b) After a retention schedule is reviewed and approved by the Records Management Committee under Subsection 63A-12-113(1)(b), the governmental entity shall maintain and destroy records in accordance with the retention schedule.
(c) If a governmental entity subject to the provisions of this section has not received an approved retention schedule from the Records Management Committee for a specific type of material that is defined as a record under this chapter, the general retention schedule maintained by the state archivist shall govern the retention and destruction of that type of material.
(2) A retention schedule that is filed with or approved by the Records Management Committee under the requirements of this section is a public record.
Amended by Chapter 173, 2023 General Session
Amended by Chapter 516, 2023 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 7 - Applicability to Political Subdivisions, the Judiciary, the Legislature, and the Governor and Lieutenant Governor › Section 702 - Applicability to the judiciary.

Effective 5/3/2023
63G-2-702.
Applicability to the 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:
(i) Section 63G-2-209; or
(ii)Part 4, Appeals, except as provided in Subsection (6).
(b) The judiciary is not subject to Part 5, State Records Committee, and Part 6, Collection of Information and Accuracy of Records.
(c) The judiciary is subject to only the following sections in Part 9, Public Associations: Sections 63A-12-105 and 63A-12-106.
(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 63G-2-301 through 63G-2-305.
(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, retention, 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 63A-12-103.
(5) The Judicial Council may:
(a) establish a process for an administrative unit of the judicial branch to petition for relief from a person that the administrative unit claims is a vexatious requester; and
(b) establish an appellate board to hear a petition for relief from a person that an administrative unit of the judicial branch claims is a vexatious requester.
(6) Rules governing appeals from denials of requests for access shall substantially comply with the time limits provided in Section 63G-2-204 and Part 4, Appeals.
(7) 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 and Title 63A, Chapter 12, Division of Archives and Records Service and Management of Government Records.
Amended by Chapter 516, 2023 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 7 - Applicability to Political Subdivisions, the Judiciary, the Legislature, and the Governor and Lieutenant Governor › Section 703 - Applicability to the Legislature.

Effective 5/3/2023
63G-2-703.
Applicability to the Legislature.
(1) The Legislature and its staff offices shall designate and classify records in accordance with Sections 63G-2-301 through 63G-2-305 as public, private, controlled, or protected.
(2)
(a) The Legislature and its staff offices are not subject to:
(i) Section 63G-2-203 or 63G-2-209; or
(ii)Part 4, Appeals, Part 5, State Records Committee, or Part 6, Collection of Information and Accuracy of Records.
(b) The Legislature is subject to only the following sections in Title 63A, Chapter 12, Division of Archives and Records Service and Management of Government Records: Sections 63A-12-102, 63A-12-102.5, and 63A-12-106.
(3) The Legislature, through the Legislative Management Committee:
(a)
(i) shall establish policies to handle requests for classification, designation, fees, access, denials, segregation, appeals, management, retention, and amendment of records; and
(ii) may establish an appellate board to hear appeals from denials of access; and
(b) may establish:
(i) a process for determining that a person is a vexatious requester, including a process for an appeal from a determination that a person is a vexatious requester; and
(ii) appropriate limitations on a person determined to be a vexatious requester.
(4) Policies shall include reasonable times for responding to access requests consistent with the provisions of Part 2, Access to Records, 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 and Title 63A, Chapter 12, Division of Archives and Records Service and Management of Government Records.
Amended by Chapter 291, 2023 General Session
Amended by Chapter 516, 2023 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 7 - Applicability to Political Subdivisions, the Judiciary, the Legislature, and the Governor and Lieutenant Governor › Section 704 - Applicability to the governor and lieutenant governor.

Effective 5/3/2023
63G-2-704.
Applicability to the governor and lieutenant governor.
(1) The governor, the office of the governor, the lieutenant governor, and the office of the lieutenant governor shall designate and classify records in accordance with Sections 63G-2-301 through 63G-2-305 as public, private, controlled, or protected.
(2)
(a) The governor, the office of the governor, the lieutenant governor, and the office of the lieutenant governor are not subject to:
(i) Section 63G-2-203;
(ii) Section 63G-2-209;
(iii) Section 63G-2-401; or
(iv)Part 6, Collection of Information and Accuracy of Records.
(b) The governor, the office of the governor, the lieutenant governor, and the office of the lieutenant governor are subject to only the following sections in Title 63A, Chapter 12, Division of Archives and Records Service and Management of Government Records:
(i) Section 63A-12-102; and
(ii) Section 63A-12-106.
(3) The governor and lieutenant governor:
(a)
(i) shall establish policies to handle requests for classification, designation, fees, access, denials, segregation, appeals to the chief administrative officer, management, retention, and amendment of records; and
(ii) may establish an appellate board to hear appeals from denials of access; and
(b) may establish:
(i) a process for determining that a person is a vexatious requester, including a process for an appeal from a determination that a person is a vexatious requester; and
(ii) appropriate limitations on a person determined to be a vexatious requester.
(4) Policies described in Subsection (3) shall include reasonable times for responding to access requests consistent with the provisions of Part 2, Access to Records, 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 for the governor, the office of the governor, the lieutenant governor, and the office of the lieutenant governor; and
(b) as required by the governor or lieutenant governor, provide program services as provided in this chapter and Title 63A, Chapter 12, Division of Archives and Records Service and Management of Government Records.
Enacted by Chapter 516, 2023 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 8 - Remedies › Section 801 - Criminal penalties.

Effective 5/14/2019
63G-2-801.
Criminal penalties.
(1)
(a) A public employee or other person who has lawful access to any private, controlled, or protected record under this chapter, and who intentionally discloses, provides a copy of, or improperly uses a private, controlled, or protected record knowing that the disclosure or use is prohibited under this chapter, is, except as provided in Subsection 53-5-708(1)(c), guilty of a class B misdemeanor.
(b) It is a defense to prosecution under Subsection (1)(a) that the actor used or released private, controlled, or protected information in the reasonable belief that the use or disclosure of the information was necessary to expose a violation of law involving government corruption, abuse of office, or misappropriation of public funds or property.
(c) It is a defense to prosecution under Subsection (1)(a) that the record could have lawfully been released to the recipient if it had been properly classified.
(d) It is a defense to prosecution under Subsection (1)(a) that the public employee or other person disclosed, provided, or used the record based on a good faith belief that the disclosure, provision, or use was in accordance with the law.
(2)
(a) A person who by false pretenses, bribery, or theft, gains access to or obtains a copy of any private, controlled, or protected record to which the person is not legally entitled is guilty of a class B misdemeanor.
(b) No person shall be guilty under Subsection (2)(a) who receives the record, information, or copy after the fact and without prior knowledge of or participation in the false pretenses, bribery, or theft.
(3)
(a) A public employee who intentionally refuses to release a record, the disclosure of which the employee knows is required by law, is guilty of a class B misdemeanor.
(b) It is a defense to prosecution under Subsection (3)(a) that the public employee's failure to release the record was based on a good faith belief that the public employee was acting in accordance with the requirements of law.
(c) A public employee who intentionally refuses to release a record, the disclosure of which the employee knows is required by a final unappealed order from a government entity, the State Records Committee, or a court is guilty of a class B misdemeanor.
Amended by Chapter 254, 2019 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 8 - Remedies › Section 802 - Injunction -- Attorney fees and costs.

Effective 5/4/2022
63G-2-802.
Injunction -- Attorney fees and costs.
(1) A district court in this state may enjoin any governmental entity or political subdivision that violates or proposes to violate the provisions of this chapter.
(2)
(a) A district court may assess against any governmental entity or political subdivision reasonable attorney fees and costs reasonably incurred in connection with a judicial appeal to determine whether a requester is entitled to access to records under a records request, if the requester substantially prevails.
(b) In determining whether to award attorney fees or costs under this section, the court shall consider:
(i) the public benefit derived from the case;
(ii) the nature of the requester's interest in the records; and
(iii) whether the governmental entity's or political subdivision's actions had a reasonable basis.
(c) Attorney fees and costs shall not ordinarily be awarded if the purpose of the litigation is primarily to benefit the requester's financial or commercial interest.
(3) Neither attorney fees nor costs may be awarded for fees or costs incurred during administrative proceedings.
(4) Notwithstanding Subsection (2), a court may only award attorney fees and costs incurred in connection with appeals to district courts under Subsection 63G-2-404(2) if the attorney fees and costs were incurred 20 or more days after the requester provided to the governmental entity or political subdivision a statement of position that adequately explains the basis for the requester's position.
(5) Except for the waiver of immunity in Subsection 63G-7-301(2)(e), a claim for attorney fees or costs as provided in this section is not subject to Chapter 7, Governmental Immunity Act of Utah.
Amended by Chapter 388, 2022 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 8 - Remedies › Section 803 - No individual liability for certain decisions of a governmental entity.

63G-2-803.
No individual liability for certain decisions of a governmental entity.
(1) Neither the governmental entity, nor any officer or employee of the governmental entity, is liable for damages resulting from the release of a record where the person or government requesting the record presented evidence of authority to obtain the record even if it is subsequently determined that the requester had no authority.
(2) Neither the governmental entity, nor any officer or employee of the governmental entity, is liable for damages arising from the negligent disclosure of records classified as private under Subsection 63G-2-302(1)(g) unless:
(a) the disclosure was of employment records maintained by the governmental entity; or
(b) the current or former government employee had previously filed the notice required by Section 63G-2-303 and:
(i) the government entity did not take reasonable steps to preclude access or distribution of the record; or
(ii) the release of the record was otherwise willfully or grossly negligent.
(3) A mailing from a government agency to an individual who has filed an application under Section 63G-2-303 is not a wrongful disclosure under this chapter or under Title 63A, Chapter 12, Division of Archives and Records Service and Management of Government Records.
Amended by Chapter 426, 2013 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 8 - Remedies › Section 804 - Violation of provision of chapter -- Penalties for intentional mutilation or destruction -- Disciplinary action.

63G-2-804.
Violation of provision of chapter -- Penalties for intentional mutilation or destruction -- Disciplinary action.
A governmental entity may take disciplinary action which may include suspension or discharge against any employee of the governmental entity who intentionally violates any provision of this chapter or Subsection 63A-12-105(3).
Amended by Chapter 44, 2009 General Session
2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 9 - Public Associations › Section 901 - Definitions -- Public associations subject to act.

63G-2-901.
Definitions -- Public associations subject to act.
(1) As used in this section:
(a) "Public association" means any association, organization, or society whose members include elected or appointed public officials and for which public funds are used or paid to the public association for membership dues or for other support for the official's participation in the public association.
(b)
(i) "Public funds" means any money received by a public entity from appropriations, taxes, fees, interest, or other returns on investment.
(ii) "Public funds" does not include money donated to a public entity by a person or entity.
(2) The budget documents and financial statements of a public association shall be released pursuant to a written request if 50% or more of the public association's:
(a) members are elected or appointed public officials from this state; and
(b) membership dues or other financial support come from public funds from this state.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 3 - Utah Administrative Rulemaking Act › Part 2 - Circumstances Requiring Rulemaking - Status of Administrative Rules › Section 202 - Rules having the effect of law.

63G-3-202.
Rules having the effect of law.
(1) An agency's written statement is a rule if it conforms to the definition of a rule under Section 63G-3-102, but the written statement is not enforceable unless it is made as a rule in accordance with the requirements of this chapter.
(2) An agency's written statement that is made as a rule in accordance with the requirements of this chapter is enforceable and has the effect of law.
Renumbered and Amended by Chapter 382, 2008 General Session