63A-12-204. Government records ombudsman.
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Effective 5/7/2025
63A-12-204. Government records ombudsman.
(a)The government records ombudsman, appointed under Section 63A-12-202 , shall:
(i)be familiar with the provisions of Title 63G, Chapter 2, Government Records Access and Management Act;
(ii)serve as a resource for a person who is making or responding to a records request or filing an appeal relating to a records request; and
(iii)upon a request from a requester or responder, and with the consent of both the requester and responder, mediate a dispute between a requester and responder, including a dispute between a requester and a governmental entity regarding the governmental entity's access denial, as defined in Section 63G-2-400.5 .
(i)Before the conclusion of a mediation under Subsection (1)(a)(iii), a requester or responder may withdraw consent for the mediation.
(ii)If a requester or responder withdraws consent under Subsection (1)(b)(i), the government records ombudsman shall, in accordance with Subsection (3)(a)(ii), certify that the mediation was not concluded because of a lack of the required consent.
(2)The government records ombudsman may not testify, or be compelled to testify, regarding a matter for which the government records ombudsman provides services under this section:
(a)in an appeals proceeding described in Title 63G, Chapter 2, Part 4, Appeals; or
(b)before an administrative body or a court.
(3)Upon the conclusion of a mediation described in Subsection (1)(a)(iii) , or upon the government records ombudsman's determination that the required consent for the mediation is lacking, the government records ombudsman shall:
(a)certify in writing that the mediation:
(i)is concluded; or
(ii)did not take place or was not concluded because of a lack of the required consent; and
(b)provide a copy of the written certification to the requester and the responder.
Renumbered and Amended by Chapter 476 , 2025 General Session