Title 63A, Title 63A: Utah Government Operations Code

63A-15-303. Motion to disqualify commission member for conflict of interest. (1) A complainant may file a motion to disqualify one or more members of the commission from participating in proceedings relating to the complaint if the individual files the motion within 20 days after…

63A-15-401. Hearing on ethics complaint -- General procedures. (1) In conducting a hearing on a complaint in accordance with, the commission shall comply with the following process in the order specified: Part 7, Commission Review of Ethics Violation introduction and instructions…

63A-15-402. Chair as presiding officer. (1) Except as expressly provided otherwise in this chapter, the chair of the commission is vested with the power to direct the commission during meetings authorized by this chapter. (2) Unless expressly prohibited from doing so under this c…

63A-15-403. Subpoena powers. (1) Except for a preliminary review described in Section, for a proceeding authorized by this chapter, the commission may issue a subpoena to: 63A-15-602 require the attendance of a witness; direct the production of evidence; or require both the atten…

63A-15-404. Contempt of the commission. (1) The following actions constitute contempt of the commission in relation to actions and proceedings under this chapter: disobedience to a direction of the commission chair; failure, without legal justification, to answer a question durin…

63A-15-405. Order to compel -- Enforcement. (1) When the subject of a subpoena issued in accordance with Sectiondisobeys or fails to comply with the subpoena, or if a person appears before the commission pursuant to a subpoena and refuses to testify to a matter upon which the per…

63A-15-406. Testimony and examination of witnesses -- Oath -- Procedure -- Contempt. (1) The chair shall ensure that each witness listed in the complaint and response is subpoenaed for appearance at the hearing unless: the witness is unable to be properly identified or located; o…

63A-15-407. Communications of commission members. (1) As used in this section, "third party" means a person who is not a member of the commission or staff to the commission. (2) While a complaint is under review by the commission, a member of the commission may not initiate or co…

63A-15-408. Attorney fees and costs. (1) A person filing a complaint under this chapter: may, but is not required to, retain legal representation during the complaint review process; and is responsible for payment of complainant's attorney fees and costs incurred. (2) A responden…

63A-15-501. Ethics complaints -- Who may file -- Form. (1) Notwithstanding any other provision, the following may file a complaint, subject to the requirements of Subsectionsandand Section, against a political subdivision officer or employee: (1)(b) (c) 63A-15-301 two or more reg…

63A-15-502. Privacy of ethics complaint -- Contempt -- Enforcement of finding of contempt -- Dismissal. (1) Except as otherwise provided in this chapter, a person, including a complainant, the respondent, a commission member, or staff to the commission, may not disclose the exist…

63A-15-601. Review of ethics complaint for compliance with form requirements -- Independent requirements for complaint -- Notice. (1) Within 10 business days after receipt of a complaint, the staff of the commission, in consultation with the chair of the commission, shall examine…

63A-15-602. Preliminary review of complaint -- Standard of proof -- Notice. (1) By no later than 10 calendar days after the day on which a complaint is accepted under Section, the commission chair shall: 63A-15-601 schedule a commission meeting on a date no later than 60 calendar…

63A-15-603. Meeting of the commission to review a complaint -- Procedures. By no later than 10 calendar days after the day on which a complaint is accepted under Sectionfor further review, the commission chair shall: (1) schedule a commission meeting on a date no later than 60 ca…

63A-15-604. Response to ethics complaint -- Filing -- Form. (1) The political subdivision officer or employee who is the subject of the complaint may file a response to the complaint no later than 30 days after the day on which the officer or employee receives delivery of an orde…

63A-15-701. Commission review of ethics violation. (1) The scope of a review by the commission is limited to an alleged ethics violation stated in a complaint that has not been previously dismissed under Section. 63A-15-602 (2) Before holding the meeting for review of the complai…

63A-15-702. Record -- Recording of meetings. (1) Except as provided in Subsection, an individual may not use a camera or other recording device in a meeting authorized by this part. (1)(b) The commission shall keep an audio or video recording of all portions of each meeting autho…

63A-15-703. Commission deliberations -- Standard of proof. (1) After each party has presented a closing argument, the commission shall, at the direction of the chair, begin its deliberations: immediately after conclusion of the closing arguments; or at a future meeting of the com…

63A-15-704. Recommendations of commission. (1) If the commission determines that no allegations in the complaint were proved, the commission shall: issue and enter into the record an order that the complaint is dismissed because no allegations in the complaint were found to have …

63A-15-705. Criminal allegation -- Recommendation to county or district attorney or attorney general. (1) If the commission finds that a political subdivision officer or employee allegedly violated a criminal provision, the commission shall, in addition to sending a recommendatio…

63A-15-706. Action by political subdivision governing body. A political subdivision governing body that receives a recommendation in accordance with Sectionshall: (1) review the recommendation; and (2) take further action in accordance with a political subdivision's governing ord…

63A-16-102. Definitions. As used in this chapter: (1) "Chief information officer" means the chief information officer appointed under Section. 63A-16-201 (2) "Data center" means a centralized repository for the storage, management, and dissemination of data. (3) "Division" means …

63A-16-103. Division of Technology Services. (1) There is created within the department the Division of Technology Services. (2) The division has authority to operate as an internal service fund agency as provided in Section. 63J-1-410

63A-16-104. Duties of division. The division shall: (1) lead state executive branch agency efforts to establish and reengineer the state's information technology architecture with the goal of coordinating central and individual agency information technology in a manner that: ensu…

63A-16-105. Director -- Authority. (1) The executive director shall, with the approval of the governor, appoint the director. (2) The director: shall exercise all powers given to, and perform all duties imposed on, the division; has administrative jurisdiction over the division a…

63A-16-107. Utah Open Data Portal Website. (1) As used in this section: "Governmental entity" means the same as that term is defined in Section. 63G-2-103 "Public information" means: a record of a state governmental entity, a local governmental entity, or an independent entity th…

63A-16-108. Digital verifiable credential and records. (1) As used in this section: "Blockchain" means a distributed ledger of ordered electronic records that: is distributed across a network of computers; utilizes technology to prevent the unauthorized alteration of electronic r…

63A-16-109. Removal of state elected official or employee personal identifying information. (1) As used in this section: "Open web" means the Internet used for everyday activities like browsing, searching, reading media, online shopping, or other website or online applications. "…

63A-16-110. Use of authorized domain extensions for government websites. (1) As used in this section: "Authorized top-level domain" means any of the following suffixes that follow the domain name in a website address: gov; edu; and mil. "Governmental entity" means the same as tha…

63A-16-1101. Definitions. As used in this part: (1) "Cyber Center" means the Utah Cyber Center created in Section. 63A-16-1102 (2) "Data breach" means the unauthorized access, acquisition, disclosure, loss of access, or destruction of: personal data affecting 500 or more individu…

63A-16-1102. Utah Cyber Center -- Creation -- Duties. (1) There is created within the division the Utah Cyber Center. The chief information security officer appointed under Sectionshall serve as the director of the Cyber Center. 63A-16-210 (2) The division shall operate the Cyber…

63A-16-1103. Assistance to governmental entities and local education agencies -- Records. (1) The Cyber Center shall provide a governmental entity or local education agency with assistance in responding to a data breach reported under Section, which may include: 63A-19-405 conduc…

63A-16-1104. Utah Cyber Center Restricted Account -- Creation -- Funding -- Uses. (1) There is created within the General Fund a restricted account known as the "Utah Cyber Center Restricted Account." (2) The restricted account consists of: appropriations made to the account by t…

63A-16-1301. Definitions. As used in this part: (1) "Critical infrastructure" means systems and assets operated or maintained by a governmental entity that are vital to the governmental entity's jurisdiction such that the incapacity or destruction of the systems and assets would …

63A-16-1302. Foreign adversary threats to critical infrastructure -- Guidance and assessments. (1) The Cyber Center shall, within available resources and in coordination with federal agencies, develop and maintain guidance for governmental entities on protecting critical infrastr…

63A-16-1303. Foreign adversary prohibition in critical infrastructure. (1) A company, governmental entity, or other entity that constructs, repairs, maintains, or operates critical infrastructure, or that otherwise has significant access to critical infrastructure, may not enter …

63A-16-201. Chief information officer -- Appointment -- Powers -- Reporting. (1) The director of the division shall serve as the state's chief information officer. (2) The chief information officer shall: advise the governor on information technology policy; and perform those dut…

63A-16-202. Executive branch information technology strategic plan. (1) In accordance with this section, the chief information officer shall prepare an executive branch information technology strategic plan: that complies with this chapter; and that includes: a strategic plan for…

63A-16-203. Agency information technology plans. (1) On or before July 1 each year, each executive branch agency shall submit an agency information technology plan to the chief information officer at the department level, unless the governor or the chief information officer reque…

63A-16-205. Rulemaking -- Policies. (1) Except as provided in Subsection, the chief information officer shall, by rule made in accordance with: (2) Title 63G, Chapter 3, Utah Administrative Rulemaking Act establish standards that impose requirements on executive branch agencies r…

63A-16-206. Coordination within the executive branch -- Cooperation with other branches. (1) In accordance with the executive branch strategic plan and the requirements of this title, the chief information officer shall coordinate the development of information technology systems…

63A-16-207. Delegation of division functions. (1) If the conditions of Subsectionsandare met and subject to the other provisions of this section, the chief information officer may delegate a function of the division to another executive branch agency or an institution of higher e…

63A-16-208. Delegation of division staff to executive branch agencies -- Prohibition against executive branch agency information technology staff. (1) The chief information officer shall assign division staff to serve an agency in-house if the chief information officer and the ex…

63A-16-209. Accessibility standards for executive branch agency information technology. (1) The chief information officer shall establish, by rule made in accordance with: Title 63G, Chapter 3, Utah Administrative Rulemaking Act minimum standards for accessibility of executive br…

63A-16-210. Chief information security officer. (1) The chief information officer shall appoint a chief information security officer. (2) The chief information security officer described in Subsectionshall: (1) assess cybersecurity risks; coordinate with executive branch agencies…

63A-16-211. Report to the Legislature. The division shall, in accordance with Section, before November 1 each year, report to the Government Operations Interim Committee on: (1) performance measures that the division uses to assess the division's effectiveness in performing the d…