Utah Department of Administrative Services

Division of Archives & Records Service

State Records Committee Appeal 95-04

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

STEPHEN E. HUGHES, Appellant, v.

DIVISION OF INVESTIGATIONS, Appellee

DECISION AND ORDER, Case No. 95-04

Appellant, Stephen E. Hughes, seeks an order reversing Appellee's denial of Appellant's request for all records relating to Appellant that are or may be held by Appellee.

Appellee declines to state whether it has any records relating to Appellant and states that under Utah Code Ann. 63-2-304(8) any such records, including information as to whether or not there are any such records, are "protected," and hence not subject to release. Appellant was present at the hearing before the Records Committee held June 20, 1995, and represented himself, and Appellee was represented at the hearing by Richard D. Wyss, Esquire, of the Utah Attorney General's Office. 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. The records requested or type of records requested of Appellant are records of a State investigative agency duly authorized under the laws of Utah. As such they are protected under Utah Code Ann. 63-2-304(8)(a)(b)(d) and (e).

ORDER

WHEREFORE. it is ordered that Appellant's appeal is denied.

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. 63-2-404 and 63-2-502(7). The Court is required to make its decision de novo. In order to protect its rights of appeal, a party may wish to seek advice from an attorney.

Entered this 22nd day of June, 1995.

MAX J. EVANS,
Chair, State Records Committee