Utah Department of Administrative Services

Division of Archives & Records Service

State Records Committee Appeal 94-10

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

WILLIAM REMINE, Appellant, v.

UTAH DEPARTMENT OF CORRECTIONS, Appellee

DECISION AND ORDER, Case No. 94-10

Appellant, William Remine, seeks an order compelling Appellee, the Utah Department of Corrections, to release to Appellant all records of Appellee regarding Appellant that are classified as "protected." The State Records Committee, having reviewed the written materials submitted by the parties, and having heard testimony and argument, now issues the following decision and order.

STATEMENT OF REASONS FOR DECISION

The appeal is denied and the agency's decision is affirmed on the basis of Utah Code Ann. 63-2-304(11). It is further determined that Appellee has properly segregated its records under Utah Code Ann. 63-2-307, allowing Appellant access to those records to which he is entitled to access, and denying him access to those records to which he is not entitled to access.

ORDER

WHEREFORE, it is Ordered that Appellant's appeal is denied and the Department's decision is affirmed.

RIGHT TO APPEAL

Either party may appeal this Decision and Order to district court. The petition for review must be filed no later than 30 days after the date of this order. The petition for judicial review must be a complaint. The complaint and the appeals process are governed by the Utah Rules of Civil Procedure and by Utah Code Ann. 63-2-402 & 502(7). The court is required to make its decision de novo, In order to protect its rights on appeal, a party may wish to seek advice from an attorney.

Entered this 4th day of August, 1994.

MAX J. EVANS,
Chair, State Records Committee.