63G-2-704. Applicability to the governor and lieutenant governor.

398 words·~2 min read·/ut/title-63g/chapter-2/63g-2-704

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

Effective 5/7/2025

(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.

(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:

(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 .

(6)An individual in an executive branch management position, as defined in Section 67-1-1.5 :

(a)is not subject to Part 6, Collection of Information and Accuracy of Records; and

(b)is subject to a policy for record amendment or retention created by the governor under Subsection (3)(a).

Amended by Chapter 476 , 2025 General Session