Utah 2023 Regular Session

Utah House Bill HB0443 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 H.B. 443
22 LEGISLATIVE GENERAL COUNSEL
33 6 Approved for Filing: R.H. Rees 6
44 6 02-10-23 3:22 PM 6
55 H.B. 443
66 1 GOVERNMENT RECORDS OMBUDSMAN AMENDMENTS
77 2 2023 GENERAL SESSION
88 3 STATE OF UTAH
99 4 Chief Sponsor: Anthony E. Loubet
1010 5 Senate Sponsor: ____________
1111 6
1212 7LONG TITLE
1313 8General Description:
1414 9 This bill modifies provisions relating to government records.
1515 10Highlighted Provisions:
1616 11 This bill:
1717 12 <modifies a provision relating to government records ombudsman mediation of
1818 13disputes between requesters and responders;
1919 14 <requires the government records ombudsman to certify the conclusion of certain
2020 15mediations;
2121 16 <requires a notice of access denial to include a statement relating to the requester's
2222 17right to request mediation; and
2323 18 <suspends a requester's time to file a notice of appeal for a specified period of time if
2424 19the requester has requested mediation.
2525 20Money Appropriated in this Bill:
2626 21 None
2727 22Other Special Clauses:
2828 23 None
2929 24Utah Code Sections Affected:
3030 25AMENDS:
3131 26 63A-12-111, as last amended by Laws of Utah 2019, Chapter 254
3232 27 63G-2-203, as last amended by Laws of Utah 2022, Chapter 128
3333 *HB0443* H.B. 443 02-10-23 3:22 PM
3434 - 2 -
3535 28 63G-2-205, as renumbered and amended by Laws of Utah 2008, Chapter 382
3636 29 63G-2-401, as last amended by Laws of Utah 2019, Chapters 254 and 334
3737 30 63G-2-403, as last amended by Laws of Utah 2019, Chapter 254
3838 31
3939 32Be it enacted by the Legislature of the state of Utah:
4040 33 Section 1. Section 63A-12-111 is amended to read:
4141 34 63A-12-111. Government records ombudsman.
4242 35 (1) (a) The director of the division shall appoint a government records ombudsman.
4343 36 (b) The government records ombudsman may not be a member of the State Records
4444 37Committee created in Section 63G-2-501.
4545 38 (2) The government records ombudsman shall:
4646 39 (a) be familiar with the provisions of Title 63G, Chapter 2, Government Records
4747 40Access and Management Act;
4848 41 (b) serve as a resource for a person who is making or responding to a records request or
4949 42filing an appeal relating to a records request;
5050 43 [(c) upon request, attempt to mediate disputes between requestors and responders; and]
5151 44 (c) upon a request from a requester or responder, and with the consent of both the
5252 45requester and responder, mediate a dispute between a requester and responder, including a
5353 46dispute between a requester and a governmental entity regarding the governmental entity's
5454 47access denial, as defined in Section 63G-2-400.5; and
5555 48 (d) on an annual basis, electronically transmit a written report to the Government
5656 49Operations Interim Committee on the work performed by the government records ombudsman
5757 50during the previous year.
5858 51 (3) The government records ombudsman may not testify, or be compelled to testify,
5959 52before the State Records Committee created in Section 63G-2-501, another administrative
6060 53body, or a court regarding a matter that the government records ombudsman provided services
6161 54in relation to under this section.
6262 55 (4) Upon the conclusion of a mediation under Subsection (2)(c) or when the
6363 56government records ombudsman concludes that the required consent for the mediation is
6464 57lacking, the government records ombudsman shall:
6565 58 (a) certify in writing that the mediation: 02-10-23 3:22 PM H.B. 443
6666 - 3 -
6767 59 (i) did not take place because of a lack of the required consent; or
6868 60 (ii) is concluded; and
6969 61 (b) provide a copy of the written certification to the requester and the responder.
7070 62 Section 2. Section 63G-2-203 is amended to read:
7171 63 63G-2-203. Fees.
7272 64 (1) (a) Subject to Subsection (5), a governmental entity may charge a reasonable fee to
7373 65cover the governmental entity's actual cost of providing a record.
7474 66 (b) A fee under Subsection (1)(a) shall be approved by the governmental entity's
7575 67executive officer.
7676 68 (2) (a) When a governmental entity compiles a record in a form other than that
7777 69normally maintained by the governmental entity, the actual costs under this section may include
7878 70the following:
7979 71 (i) the cost of staff time for compiling, formatting, manipulating, packaging,
8080 72summarizing, or tailoring the record either into an organization or media to meet the person's
8181 73request;
8282 74 (ii) the cost of staff time for search, retrieval, and other direct administrative costs for
8383 75complying with a request; and
8484 76 (iii) in the case of fees for a record that is the result of computer output other than word
8585 77processing, the actual incremental cost of providing the electronic services and products
8686 78together with a reasonable portion of the costs associated with formatting or interfacing the
8787 79information for particular users, and the administrative costs as set forth in Subsections
8888 80(2)(a)(i) and (ii).
8989 81 (b) An hourly charge under Subsection (2)(a) may not exceed the salary of the lowest
9090 82paid employee who, in the discretion of the custodian of records, has the necessary skill and
9191 83training to perform the request.
9292 84 (3) (a) Fees shall be established as provided in this Subsection (3).
9393 85 (b) A governmental entity with fees established by the Legislature:
9494 86 (i) shall establish the fees defined in Subsection (2), or other actual costs associated
9595 87with this section through the budget process; and
9696 88 (ii) may use the procedures of Section 63J-1-504 to set fees until the Legislature
9797 89establishes fees through the budget process. H.B. 443 02-10-23 3:22 PM
9898 - 4 -
9999 90 (c) Political subdivisions shall establish fees by ordinance or written formal policy
100100 91adopted by the governing body.
101101 92 (d) The judiciary shall establish fees by rules of the judicial council.
102102 93 (4) A governmental entity may fulfill a record request without charge and is
103103 94encouraged to do so if it determines that:
104104 95 (a) releasing the record primarily benefits the public rather than a person;
105105 96 (b) the individual requesting the record is the subject of the record, or an individual
106106 97specified in Subsection 63G-2-202(1) or (2); or
107107 98 (c) the requester's legal rights are directly implicated by the information in the record,
108108 99and the requester is impecunious.
109109 100 (5) (a) As used in this Subsection (5), "media representative":
110110 101 (i) means a person who requests a record to obtain information for a story or report for
111111 102publication or broadcast to the general public; and
112112 103 (ii) does not include a person who requests a record to obtain information for a blog,
113113 104podcast, social media account, or other means of mass communication generally available to a
114114 105member of the public.
115115 106 (b) A governmental entity may not charge a fee for:
116116 107 (i) reviewing a record to determine whether it is subject to disclosure, except as
117117 108permitted by Subsection (2)(a)(ii);
118118 109 (ii) inspecting a record; or
119119 110 (iii) the first quarter hour of staff time spent in responding to a request under Section
120120 11163G-2-204.
121121 112 (c) Notwithstanding Subsection (5)(b)(iii), a governmental entity is not prevented from
122122 113charging a fee for the first quarter hour of staff time spent in responding to a request under
123123 114Section 63G-2-204 if the person who submits the request:
124124 115 (i) is not a Utah media representative; and
125125 116 (ii) previously submitted a separate request within the 10-day period immediately
126126 117before the date of the request to which the governmental entity is responding.
127127 118 (6) (a) A person who believes that there has been an unreasonable denial of a fee
128128 119waiver under Subsection (4) may:
129129 120 (i) seek mediation of the fee dispute under Subsection 63A-12-111(2)(c); and 02-10-23 3:22 PM H.B. 443
130130 - 5 -
131131 121 (ii) appeal the denial in the same manner as a person appeals when inspection of a
132132 122public record is denied under Section 63G-2-205.
133133 123 (b) The adjudicative body hearing [the] an appeal under Subsection (6)(a)(ii):
134134 124 (i) shall review the fee waiver de novo, but shall review and consider the governmental
135135 125entity's denial of the fee waiver and any determination under Subsection (4); and
136136 126 (ii) has the same authority when a fee waiver or reduction is denied as it has when the
137137 127inspection of a public record is denied.
138138 128 (7) (a) All fees received under this section by a governmental entity subject to
139139 129Subsection (3)(b) shall be retained by the governmental entity as a dedicated credit.
140140 130 (b) Those funds shall be used to recover the actual cost and expenses incurred by the
141141 131governmental entity in providing the requested record or record series.
142142 132 (8) (a) A governmental entity may require payment of past fees and future estimated
143143 133fees before beginning to process a request if:
144144 134 (i) fees are expected to exceed $50; or
145145 135 (ii) the requester has not paid fees from previous requests.
146146 136 (b) Any prepaid amount in excess of fees due shall be returned to the requester.
147147 137 (9) This section does not alter, repeal, or reduce fees established by other statutes or
148148 138legislative acts.
149149 139 (10) (a) Notwithstanding Subsection (3)(c), fees for voter registration records shall be
150150 140set as provided in this Subsection (10).
151151 141 (b) The lieutenant governor shall:
152152 142 (i) after consultation with county clerks, establish uniform fees for voter registration
153153 143and voter history records that meet the requirements of this section; and
154154 144 (ii) obtain legislative approval of those fees by following the procedures and
155155 145requirements of Section 63J-1-504.
156156 146 Section 3. Section 63G-2-205 is amended to read:
157157 147 63G-2-205. Denials.
158158 148 (1) If [the] a governmental entity denies [the] a record request, in whole or part, [it] the
159159 149governmental entity shall provide a notice of denial to the requester either in person or by
160160 150sending the notice to the requester's address.
161161 151 (2) The notice of denial shall contain the following information: H.B. 443 02-10-23 3:22 PM
162162 - 6 -
163163 152 (a) a description of the record or portions of the record to which access was denied,
164164 153provided that the description does not disclose private, controlled, or protected information or
165165 154information exempt from disclosure under Subsection 63G-2-201(3)(b);
166166 155 (b) citations to the provisions of this chapter, court rule or order, another state statute,
167167 156federal statute, or federal regulation that exempt the record or portions of the record from
168168 157disclosure, provided that the citations do not disclose private, controlled, or protected
169169 158information or information exempt from disclosure under Subsection 63G-2-201(3)(b);
170170 159 (c) (i) a statement that the requester has the right to appeal the denial to the chief
171171 160administrative officer of the governmental entity; and
172172 161 [(d)] (ii) the time limits for filing an appeal, and the name and business address of the
173173 162chief administrative officer of the governmental entity[.]; and
174174 163 (d) a statement that the requester has a right under Section 63A-12-111 to request the
175175 164government records ombudsman to mediate the dispute between the requester and the
176176 165governmental entity.
177177 166 (3) Unless otherwise required by a court or agency of competent jurisdiction, a
178178 167governmental entity may not destroy or give up custody of any record to which access was
179179 168denied until the period for an appeal has expired or the end of the appeals process, including
180180 169judicial appeal.
181181 170 Section 4. Section 63G-2-401 is amended to read:
182182 171 63G-2-401. Appeal to chief administrative officer -- Notice of the decision of the
183183 172appeal.
184184 173 (1) (a) A requester or interested party may appeal an access denial or the denial of a fee
185185 174waiver under Subsection 63G-2-203(4) to the chief administrative officer of the governmental
186186 175entity by filing a notice of appeal with the chief administrative officer within 30 days after:
187187 176 (i) for an access denial:
188188 177 (A) the governmental entity sends a notice of denial under Section 63G-2-205, if the
189189 178governmental entity denies a record request under Subsection 63G-2-205(1); or
190190 179 [(ii)] (B) the record request is considered denied under Subsection 63G-2-204(9), if
191191 180that subsection applies[.]; or
192192 181 (ii) for a denial of a fee waiver, the date the governmental entity notifies the requester
193193 182that the fee waiver is denied. 02-10-23 3:22 PM H.B. 443
194194 - 7 -
195195 183 (b) The time for a requester to file a notice of appeal under Subsection (1)(a) is
196196 184suspended for the period of time that:
197197 185 (i) begins the date the requester submits a request under Section 63A-12-111 for the
198198 186government records ombudsman to mediate the dispute between the requester and the
199199 187governmental entity; and
200200 188 (ii) ends the earliest of the following dates:
201201 189 (A) the date that the government records ombudsman certifies in writing that the
202202 190mediation did not occur because of a lack of consent to the mediation;
203203 191 (B) the date that the government records ombudsman certifies in writing that the
204204 192mediation is concluded; and
205205 193 (C) the date that is 30 days after the date described in Subsection (1)(b)(i).
206206 194 [(b)] (c) If a governmental entity claims extraordinary circumstances and specifies the
207207 195date when the records will be available under Subsection 63G-2-204(4), and, if the requester
208208 196believes the extraordinary circumstances do not exist or that the date specified is unreasonable,
209209 197the requester may appeal the governmental entity's claim of extraordinary circumstances or date
210210 198for compliance to the chief administrative officer by filing a notice of appeal with the chief
211211 199administrative officer within 30 days after notification of a claim of extraordinary
212212 200circumstances by the governmental entity, despite the lack of a "determination" or its
213213 201equivalent under Subsection 63G-2-204(9).
214214 202 (2) A notice of appeal shall contain:
215215 203 (a) the name, mailing address, and daytime telephone number of the requester or
216216 204interested party; and
217217 205 (b) the relief sought.
218218 206 (3) The requester or interested party may file a short statement of facts, reasons, and
219219 207legal authority in support of the appeal.
220220 208 (4) (a) If the appeal involves a record that is the subject of a business confidentiality
221221 209claim under Section 63G-2-309, the chief administrative officer shall:
222222 210 (i) send notice of the appeal to the business confidentiality claimant within three
223223 211business days after receiving notice, except that if notice under this section must be given to
224224 212more than 35 persons, it shall be given as soon as reasonably possible; and
225225 213 (ii) send notice of the business confidentiality claim and the schedule for the chief H.B. 443 02-10-23 3:22 PM
226226 - 8 -
227227 214administrative officer's determination to the requester or interested party within three business
228228 215days after receiving notice of the appeal.
229229 216 (b) The business confidentiality claimant shall have seven business days after notice is
230230 217sent by the administrative officer to submit further support for the claim of business
231231 218confidentiality.
232232 219 (5) (a) The chief administrative officer shall make a decision on the appeal within:
233233 220 (i) (A) 10 business days after the chief administrative officer's receipt of the notice of
234234 221appeal; or
235235 222 (B) five business days after the chief administrative officer's receipt of the notice of
236236 223appeal, if the requester or interested party demonstrates that an expedited decision benefits the
237237 224public rather than the requester or interested party; or
238238 225 (ii) 12 business days after the governmental entity sends the notice of appeal to a person
239239 226who submitted a claim of business confidentiality.
240240 227 (b) (i) If the chief administrative officer fails to make a decision on an appeal of an
241241 228access denial within the time specified in Subsection (5)(a), the failure is the equivalent of a
242242 229decision affirming the access denial.
243243 230 (ii) If the chief administrative officer fails to make a decision on an appeal under
244244 231Subsection (1)(b) within the time specified in Subsection (5)(a), the failure is the equivalent of
245245 232a decision affirming the claim of extraordinary circumstances or the reasonableness of the date
246246 233specified when the records will be available.
247247 234 (c) The provisions of this section notwithstanding, the parties participating in the
248248 235proceeding may, by agreement, extend the time periods specified in this section.
249249 236 (6) Except as provided in Section 63G-2-406, the chief administrative officer may,
250250 237upon consideration and weighing of the various interests and public policies pertinent to the
251251 238classification and disclosure or nondisclosure, order the disclosure of information properly
252252 239classified as private under Subsection 63G-2-302(2) or protected under Section 63G-2-305 if
253253 240the interests favoring access are greater than or equal to the interests favoring restriction of
254254 241access.
255255 242 (7) (a) The governmental entity shall send written notice of the chief administrative
256256 243officer's decision to all participants.
257257 244 (b) If the chief administrative officer's decision is to affirm the access denial in whole 02-10-23 3:22 PM H.B. 443
258258 - 9 -
259259 245or in part, the notice under Subsection (7)(a) shall include:
260260 246 (i) a statement that the requester or interested party has the right to appeal the decision,
261261 247as provided in Section 63G-2-402, to:
262262 248 (A) the State Records Committee or district court; or
263263 249 (B) the local appeals board, if the governmental entity is a political subdivision and the
264264 250governmental entity has established a local appeals board;
265265 251 (ii) the time limits for filing an appeal; and
266266 252 (iii) the name and business address of:
267267 253 (A) the executive secretary of the State Records Committee; and
268268 254 (B) the individual designated as the contact individual for the appeals board, if the
269269 255governmental entity is a political subdivision that has established an appeals board under
270270 256Subsection 63G-2-701(5)(c).
271271 257 (8) A person aggrieved by a governmental entity's classification or designation
272272 258determination under this chapter, but who is not requesting access to the records, may appeal
273273 259that determination using the procedures provided in this section. If a nonrequester is the only
274274 260appellant, the procedures provided in this section shall apply, except that the decision on the
275275 261appeal shall be made within 30 days after receiving the notice of appeal.
276276 262 (9) The duties of the chief administrative officer under this section may be delegated.
277277 263 Section 5. Section 63G-2-403 is amended to read:
278278 264 63G-2-403. Appeals to the State Records Committee.
279279 265 (1) (a) A records committee appellant appeals to the State Records Committee by filing
280280 266a notice of appeal with the executive secretary of the State Records Committee no later than 30
281281 267days after the date of issuance of the decision being appealed.
282282 268 (b) Notwithstanding Subsection (1)(a), a requester may file a notice of appeal with the
283283 269executive secretary of the State Records Committee no later than 45 days after the day on
284284 270which the record request is made if:
285285 271 (i) the circumstances described in Subsection 63G-2-401(1)[(b)](c) occur; and
286286 272 (ii) the chief administrative officer fails to make a decision under Section 63G-2-401.
287287 273 (2) The notice of appeal shall:
288288 274 (a) contain the name, mailing address, and daytime telephone number of the records
289289 275committee appellant; H.B. 443 02-10-23 3:22 PM
290290 - 10 -
291291 276 (b) be accompanied by a copy of the decision being appealed; and
292292 277 (c) state the relief sought.
293293 278 (3) The records committee appellant:
294294 279 (a) shall, on the day on which the notice of appeal is filed with the State Records
295295 280Committee, serve a copy of the notice of appeal on:
296296 281 (i) the governmental entity whose access denial is the subject of the appeal, if the
297297 282records committee appellant is a requester or interested party; or
298298 283 (ii) the requester or interested party who is a party to the local appeals board
299299 284proceeding that resulted in the decision that the political subdivision is appealing to the
300300 285committee, if the records committee appellant is a political subdivision; and
301301 286 (b) may file a short statement of facts, reasons, and legal authority in support of the
302302 287appeal.
303303 288 (4) (a) Except as provided in Subsections (4)(b) and (c), no later than seven business
304304 289days after receiving a notice of appeal, the executive secretary of the State Records Committee
305305 290shall:
306306 291 (i) schedule a hearing for the State Records Committee to discuss the appeal at the next
307307 292regularly scheduled committee meeting falling at least 16 days after the date the notice of
308308 293appeal is filed but no longer than 64 calendar days after the date the notice of appeal was filed
309309 294except that the committee may schedule an expedited hearing upon application of the records
310310 295committee appellant and good cause shown;
311311 296 (ii) send a copy of the notice of hearing to the records committee appellant; and
312312 297 (iii) send a copy of the notice of appeal, supporting statement, and a notice of hearing
313313 298to:
314314 299 (A) each member of the State Records Committee;
315315 300 (B) the records officer and the chief administrative officer of the governmental entity
316316 301whose access denial is the subject of the appeal, if the records committee appellant is a
317317 302requester or interested party;
318318 303 (C) any person who made a business confidentiality claim under Section 63G-2-309 for
319319 304a record that is the subject of the appeal; and
320320 305 (D) all persons who participated in the proceedings before the governmental entity's
321321 306chief administrative officer, if the appeal is of the chief administrative officer's decision 02-10-23 3:22 PM H.B. 443
322322 - 11 -
323323 307affirming an access denial.
324324 308 (b) (i) The executive secretary of the State Records Committee may decline to schedule
325325 309a hearing if the record series that is the subject of the appeal has been found by the committee
326326 310in a previous hearing involving the same governmental entity to be appropriately classified as
327327 311private, controlled, or protected.
328328 312 (ii) (A) If the executive secretary of the State Records Committee declines to schedule
329329 313a hearing, the executive secretary shall send a notice to the records committee appellant
330330 314indicating that the request for hearing has been denied and the reason for the denial.
331331 315 (B) The State Records Committee shall make rules to implement this section as
332332 316provided by Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
333333 317 (c) The executive secretary of the State Records Committee may schedule a hearing on
334334 318an appeal to the State Records Committee at a regularly scheduled State Records Committee
335335 319meeting that is later than the period described in Subsection (4)(a)(i) if that committee meeting
336336 320is the first regularly scheduled State Records Committee meeting at which there are fewer than
337337 32110 appeals scheduled to be heard.
338338 322 (5) (a) No later than five business days before the hearing, a governmental entity shall
339339 323submit to the executive secretary of the State Records Committee a written statement of facts,
340340 324reasons, and legal authority in support of the governmental entity's position.
341341 325 (b) The governmental entity shall send a copy of the written statement by first class
342342 326mail, postage prepaid, to the requester or interested party involved in the appeal. The executive
343343 327secretary shall forward a copy of the written statement to each member of the State Records
344344 328Committee.
345345 329 (6) (a) No later than 10 business days after the day on which the executive secretary
346346 330sends the notice of appeal, a person whose legal interests may be substantially affected by the
347347 331proceeding may file a request for intervention with the State Records Committee.
348348 332 (b) Any written statement of facts, reasons, and legal authority in support of the
349349 333intervener's position shall be filed with the request for intervention.
350350 334 (c) The person seeking intervention shall provide copies of the statement described in
351351 335Subsection (6)(b) to all parties to the proceedings before the State Records Committee.
352352 336 (7) The State Records Committee shall hold a hearing within the period of time
353353 337described in Subsection (4). H.B. 443 02-10-23 3:22 PM
354354 - 12 -
355355 338 (8) At the hearing, the State Records Committee shall allow the parties to testify,
356356 339present evidence, and comment on the issues. The committee may allow other interested
357357 340persons to comment on the issues.
358358 341 (9) (a) (i) The State Records Committee:
359359 342 (A) may review the disputed records; and
360360 343 (B) shall review the disputed records, if the committee is weighing the various interests
361361 344under Subsection (11).
362362 345 (ii) A review of the disputed records under Subsection (9)(a)(i) shall be in camera.
363363 346 (b) Members of the State Records Committee may not disclose any information or
364364 347record reviewed by the committee in camera unless the disclosure is otherwise authorized by
365365 348this chapter.
366366 349 (10) (a) Discovery is prohibited, but the State Records Committee may issue subpoenas
367367 350or other orders to compel production of necessary evidence.
368368 351 (b) When the subject of a State Records Committee subpoena disobeys or fails to
369369 352comply with the subpoena, the committee may file a motion for an order to compel obedience
370370 353to the subpoena with the district court.
371371 354 (c) (i) The State Records Committee's review shall be de novo, if the appeal is an
372372 355appeal from a decision of a chief administrative officer:
373373 356 (A) issued under Section 63G-2-401; or
374374 357 (B) issued by a chief administrative officer of a political subdivision that has not
375375 358established a local appeals board.
376376 359 (ii) For an appeal from a decision of a local appeals board, the State Records
377377 360Committee shall review and consider the decision of the local appeals board.
378378 361 (11) (a) No later than seven business days after the hearing, the State Records
379379 362Committee shall issue a signed order:
380380 363 (i) granting the relief sought, in whole or in part; or
381381 364 (ii) upholding the governmental entity's access denial, in whole or in part.
382382 365 (b) Except as provided in Section 63G-2-406, the State Records Committee may, upon
383383 366consideration and weighing of the various interests and public policies pertinent to the
384384 367classification and disclosure or nondisclosure, order the disclosure of information properly
385385 368classified as private, controlled, or protected if the public interest favoring access is greater 02-10-23 3:22 PM H.B. 443
386386 - 13 -
387387 369than or equal to the interest favoring restriction of access.
388388 370 (c) In making a determination under Subsection (11)(b), the State Records Committee
389389 371shall consider and, where appropriate, limit the requester's or interested party's use and further
390390 372disclosure of the record in order to protect:
391391 373 (i) privacy interests in the case of a private or controlled record;
392392 374 (ii) business confidentiality interests in the case of a record protected under Subsection
393393 37563G-2-305(1), (2), (40)(a)(ii), or (40)(a)(vi); and
394394 376 (iii) privacy interests or the public interest in the case of other protected records.
395395 377 (12) The order of the State Records Committee shall include:
396396 378 (a) a statement of reasons for the decision, including citations to this chapter, court rule
397397 379or order, another state statute, federal statute, or federal regulation that governs disclosure of
398398 380the record, if the citations do not disclose private, controlled, or protected information;
399399 381 (b) a description of the record or portions of the record to which access was ordered or
400400 382denied, if the description does not disclose private, controlled, or protected information or
401401 383information exempt from disclosure under Subsection 63G-2-201(3)(b);
402402 384 (c) a statement that any party to the proceeding before the State Records Committee
403403 385may appeal the committee's decision to district court; and
404404 386 (d) a brief summary of the appeals process, the time limits for filing an appeal, and a
405405 387notice that in order to protect its rights on appeal, the party may wish to seek advice from an
406406 388attorney.
407407 389 (13) If the State Records Committee fails to issue a decision within 73 calendar days of
408408 390the filing of the notice of appeal, that failure is the equivalent of an order denying the appeal. A
409409 391records committee appellant shall notify the State Records Committee in writing if the records
410410 392committee appellant considers the appeal denied.
411411 393 (14) A party to a proceeding before the State Records Committee may seek judicial
412412 394review in district court of a State Records Committee order by filing a petition for review of the
413413 395order as provided in Section 63G-2-404.
414414 396 (15) (a) Unless a notice of intent to appeal is filed under Subsection (15)(b), each party
415415 397to the proceeding shall comply with the order of the State Records Committee.
416416 398 (b) If a party disagrees with the order of the State Records Committee, that party may
417417 399file a notice of intent to appeal the order. H.B. 443 02-10-23 3:22 PM
418418 - 14 -
419419 400 (c) If the State Records Committee orders the governmental entity to produce a record
420420 401and no appeal is filed, or if, as a result of the appeal, the governmental entity is required to
421421 402produce a record, the governmental entity shall:
422422 403 (i) produce the record; and
423423 404 (ii) file a notice of compliance with the committee.
424424 405 (d) (i) If the governmental entity that is ordered to produce a record fails to file a notice
425425 406of compliance or a notice of intent to appeal, the State Records Committee may do either or
426426 407both of the following:
427427 408 (A) impose a civil penalty of up to $500 for each day of continuing noncompliance; or
428428 409 (B) send written notice of the governmental entity's noncompliance to the governor.
429429 410 (ii) In imposing a civil penalty, the State Records Committee shall consider the gravity
430430 411and circumstances of the violation, including whether the failure to comply was due to neglect
431431 412or was willful or intentional.