Utah Department of Administrative Services

Division of Archives & Records Service

State Records Committee Appeal 00-01

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

DATALISTER, INC., Appellant, vs.
UTAH LABOR COMMISSION, Appellee.

DECISION AND ORDER
Case No. 00-01

Appellant, DataLister, sought an order of the Committee requiring Appellee to supply it copies of the following records from Appellee's Industrial Accidents Division: names of employers required by law to be reported by insurers / employers to the State; each such employer's address; each employer's insurer of record; and each employer's insurance policy renewal date.

The appeal was heard by the Records Committee on January 12, 2000. Appellant was represented by David A. Greenwood, Esq. of Van Cott, Bagley, Cornwall & McCarthy, and presented testimony and argument. Appellee was represented by Alan Hennebold, General Counsel / Deputy Commissioner of the Utah Labor Commission, and presented testimony and argument. Both parties also presented written documentation and argument. The State Records Committee, having reviewed the written materials submitted by the parties and having heard the testimony and argument of the parties and interested persons, now issues the following decision and order:

STATEMENT OF REASONS FOR DECISION

The Appeal is denied. The records are correctly classified "protected" as trade secrets under Utah Code Ann. 63-2-304(1) and 13-24-2(4) and 63-2-308(1). The Committee further finds that Appellee complied with Section 63-2-308(1).

ORDER

WHEREFORE, it is ordered that Appellant's request for the indicated record 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 14th day of January, 2000.

Betsy L. Ross,
Chair State Records Committee