Title 63G, Title 63G: General Government

63G-2-107. Disclosure of records subject to federal law or other provisions of state law. (1) 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 acce…

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.

63G-2-201. Provisions relating to records -- Public records -- Private, controlled, protected, and other restricted records -- Disclosure and nondisclosure of records -- Certified copy of record -- Limits on obligation to respond to record request. (1) Except as provided in Subse…

63G-2-202. Access to private, controlled, and protected documents. (1) Except as provided in Subsection, a governmental entity: (11)(a) shall, upon request, disclose a private record to: the subject of the record; the parent or legal guardian of an unemancipated minor who is the …

63G-2-203. Fees. (1) Subject to Subsection, a governmental entity may charge a reasonable fee to cover the governmental entity's actual cost of providing a record. (5) A fee under Subsectionshall be approved by the governmental entity's executive officer. (1)(a) (2) When a govern…

63G-2-204. Record request -- Response -- Time for responding. (1) A person making a request for a record shall submit to the governmental entity that retains the record a written request containing: the person's: name; mailing address; email address, if the person has an email ad…

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 d…

63G-2-206. Sharing records. (1) A governmental entity may provide a record that is private, controlled, or protected to another governmental entity, a government-managed corporation, a political subdivision, the federal government, or another state if the requesting entity: serve…

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) Except as o…

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) On or before January 1, 2014, the Legislature shall post on its website a publicly accessible repository containing email th…

63G-2-209. Vexatious requester. (1) As used in this section: "Director" means the director of the Government Records Office, created in Section. 63A-12-202 "Respondent" means a person that a governmental entity claims is a vexatious requester under this section. (2) A governmenta…

63G-2-210. Access to and use of voter or election information by a government officer. (1) As used in this section, "government officer" means: an elected official; or an officer, employee, volunteer, or agent of a governmental entity. (2) A government officer may not: disclose, …

63G-2-301. Public records. (1) As used in this section: "Business address" means a single address of a governmental agency designated for the public to contact an employee or officer of the governmental agency. "Business email address" means a single email address of a government…

63G-2-302. Private records. (1) The following records are private: records concerning an individual's eligibility for unemployment insurance benefits, social services, welfare benefits, or the determination of benefit levels; records containing data on individuals describing medi…

63G-2-302. Private records. (1) The following records are private: records concerning an individual's eligibility for unemployment insurance benefits, social services, welfare benefits, or the determination of benefit levels; records containing data on individuals describing medi…

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: releasing the information in the record to the subject of the record would be d…

63G-2-305. Protected records. The following records are protected if properly classified by a governmental entity: (1) trade secrets as defined in Sectionif the person submitting the trade secret provides the governmental entity with the information specified in Section; 13-24-2 …

63G-2-305.5. Viewing or obtaining lists of signatures. (1) The records custodian of a signature described in Subsectionshall, upon request, except for a name or signature classified as private under Title 20A, Chapter 2, Voter Registration: 63G-2-305(74) provide a list of the nam…

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 …

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: evaluate all record series; designate each record series as provided by this …

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 i…

63G-2-309. Confidentiality claims. (1) Any person who provides to a governmental entity a record that the person believes should be protected under Subsectionoror both Subsectionsandshall provide with the record, or within a reasonable amount of time after providing the record: 6…

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 longe…

63G-2-400.5. Definitions. As used in this part: (1) "Access denial" means a governmental entity's denial, under Subsectionor Section, in whole or in part, of a record request. 63G-2-204(9) 63G-2-205 (2) "Appellate affirmation" means a decision of a chief administrative officer, a…

63G-2-401. Appeal to chief administrative officer -- Notice of the decision of the appeal. (1) A requester or interested party may appeal an access denial or the denial of a fee waiver under Subsectionto the chief administrative officer of the governmental entity by filing a noti…

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 Sectionis to affirm the denial of a record request or to affirm the denial of a fee waiver, the requester may: 63G-2-401 appea…

63G-2-403. Appeals to the director of the Government Records Office. (1) A records appellant appeals to the director by filing a notice of appeal with the director no later than 30 days after the day on which the decision being appealed is issued. Notwithstanding Subsection, a re…

63G-2-404. Judicial review. (1) A petition for judicial review of an order or decision, as allowed under this part, in Section, or in Subsection, shall be filed no later than 30 days after the date of the order or decision, subject to Subsection (1)(b). 63G-2-209 63G-2-701(6)(a)(…

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: there are compelling interests favoring rest…

63G-2-406. Evidentiary standards for release of certain enforcement and litigation records. (1) A record that is classified as protected under Subsection,,,,, ormay be ordered to be disclosed under the provisions of Subsection,, oronly if the person or party seeking disclosure of…

63G-2-601. Rights of individuals on whom data is maintained -- Classification statement filed with state archivist -- Notice to provider of information. (1) Each governmental entity shall file with the state archivist a statement explaining, for each record series collected, main…

63G-2-602. Disclosure to subject of records -- Context of use. When providing records under Subsectionor when providing public records about an individual to the persons specified in Subsection, a governmental entity shall, upon request, disclose the context in which the record i…

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) Subject to Subsection, an individual may contest the accuracy or completeness of any public, or pri…

63G-2-604. Retention and disposition of records. (1) Except for a governmental entity that is permitted to maintain the governmental entity's own retention schedules underutenant Governor, each governmental entity shall file with the Records Management Committee created in Sectio…

63G-2-701. Political subdivisions may adopt ordinances in compliance with chapter -- Appeal process. (1) As used in this section: "Access denial" means the same as that term is defined in Section. 63G-2-400.5 "Interested party" means the same as that term is defined in Section. 6…

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) The judiciary is not subject to: Section; or 63G-2-209, except as provided in Subsection. Part 4, Appeals (6) The judiciary is not sub…

63G-2-703. Applicability to the Legislature. (1) The Legislature and its staff offices shall designate and classify records in accordance with Sectionsthroughas public, private, controlled, or protected. 63G-2-301 63G-2-305 (2) The Legislature and its staff offices are not subjec…

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 Sectionsthroughas public, private, controlled…

63G-2-801. Criminal penalties. (1) 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 knowin…

63G-2-802. Injunction -- Attorney fees and costs. (1) As used in this section, "defending party" means: a governmental entity or political subdivision: whose access denial is the subject of a petition for judicial review under Section; and 63G-2-404 that defends the access denial…

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 t…

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 intentional…

63G-2-901. Definitions -- Public associations subject to act. (1) As used in this section: "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 as…