63A-12-203. Duties of director and office -- Reassignment of classification or designation -- Rulemaking authority -- Transition from State Records Committee.

407 words·~2 min read·/ut/title-63a/chapter-12/63a-12-203

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)The director shall:

(a)supervise and manage the office;

(b)appoint and supervise a government records ombudsman to fulfill the duties described in Section 63A-12-204 ;

(c)administer the records appeal process;

(d)hear appeals regarding disputed fees under Section 63G-2-203 ;

(e)hear and decide appeals from determinations of access under Section 63G-2-403 ; and

(f)determine disputes submitted by the state auditor under Subsection 67-3-1(17)(d) .

(2)The director may:

(a)employ staff to support the work of the office;

(b)by order, after notice and hearing, reassign classification or designation for any record series by a governmental entity if the governmental entity's classification or designation is inconsistent with Title 63G, Chapter 2, Government Records Access and Management Act; and

(c)designate another individual to hear and decide appeals for a specific case if the director has a conflict of interest in relation to that case.

(3)The office shall be a resource to citizens and government entities in relation to government records, including:

(a)ensuring lawful access to records;

(b)ensuring the lawful restriction of access to records;

(c)classification of records;

(d)retention of records; and

(e)resolving records disputes informally, via informal mediation, or via the records appeal process.

(a)An affected governmental entity or any other interested person may appeal the reassignment of a record under Subsection (2)(b) to a district court within 30 days after the day on which the director makes the reassignment.

(b)The district court shall hear an appeal described in Subsection (4)(a) de novo.

(5)The director shall makes rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to govern the procedures and proceedings for appeals made to the director as described in this part.

(6)The director shall, to the extent practicable and until the rules described in Subsection

(5)are in effect, utilize the rules made by the former State Records Committee before January 1, 2025, with the director acting in place of the former State Records Committee.

(7)Any case or other matter that was, before appointment of the first director, pending before the former State Records Committee, is transferred to the director for resolution upon the director's appointment, to be resolved as soon as reasonably possible.

Enacted by Chapter 476 , 2025 General Session