Utah Department of Administrative Services

Division of Archives & Records Service

State Records Committee Appeal 99-10

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

TAJ N. BECKER, Appellant vs.
UTAH DEPARTMENT OF PUBLIC SAFETY, Appellee.

DECISION AND ORDER
Case No. 99-10

Appellant, Taj N. Becker, sought an order of the Committee requiring Appellee to supply her copies of the "education record(s)" and "employment record(s)" of a certain named employee of Appellee. Appellee had maintained and continued to maintain at the hearing that there are no remaining records answering Appellant's description that had not already been provided to Appellant. At the conclusion of the hearing Appellant did not dispute the conclusion that further records of the type requested do not exist.

The appeal was heard by the Records Committee on October 13, 1999. Appellant was represented by her husband, Adolph Becker, and presented testimony and argument. Appellee was represented by Richard D. Wyss, Esq., and presented testimony and argument. Both parties had presented written documentation in advance of the hearing. The State Records Committee, having reviewed the written materials submitted by the parties and having heard the testimony and argument of the parties, now issues the following decision and order:

STATEMENT OF REASONS FOR DECISION

The Appeal is denied on grounds that records of the type requested not already provided by Appellee do not exist.

ORDER

WHEREFORE, it is ordered that Appellant's request for the indicated records is denied.

RIGHT TO APPEAL

The terms of this section titled "Right to Appeal" are required by statute to be included in the Order. Either party may appeal this Decision and Order to District Court. The petition for review must be filed no later than thirty (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). In an appeal to the District Court, the parties shall be the same as in the proceeding before the Committee, though the Records Committee shall be added as a party defendant under Utah Code Ann. 63-2-404(1)(c). The Court is required to make its decision de novo. In order to protect rights of appeal, a party may wish to seek advice from an attorney.

Entered this 15th day of October, 1999.

Betsy L. Ross,
Chair State Records Committee