Utah Department of Administrative Services

Division of Archives & Records Service

State Records Committee Appeal 95-08

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

DOLORES RUVALCABA, Appellant, v.

UTAH DEPARTMENT OF CORRECTIONS, Appellee

DECISION AND ORDER, Case No. 95-08

Appellant, Dolores Ruvalcaba, seeks an order reversing Appellee's denial of Appellant's request for the medical and prison records of Edward Lujan from the time of his incarceration to the time of his death while incarcerated that are or may be held by Appellee. Appellant was represented by John Pace, Esq. and Appellee was also represented by counsel. 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 medical records have become "public" under Utah Code Ann. 63-2-909(1), under the particular facts of this case, though they were properly classified "private" under Utah Code Ann. 63-2-302(1)(b) during the subject's life. The relevant and controlling facts are Mr. Lujan's death together with the consent and request of all of Mr. Lujan's claimed relatives who appeared at the hearing that the records be ruled public, those claimed relatives consisting of Dolores Rich (Mother), Becky Lujan (Sister), Barbara Barker (Sister), and Tonya Valencia (Niece).

ORDER

WHEREFORE, it is ordered that Appellant's appeal for release of the medical records that were classified "private" during Mr. Lujan's life, but are "public" under this Order, is granted. The decision of Appellee Department is affirmed as to any of the records that are protected or controlled under the Utah Code.

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 right to appeal, a party may wish to seek advice from an attorney.

Entered this 26th day of September, 1995.

MAX J. EVANS,
Chair, State Records Committee