Utah Department of Administrative Services

Division of Archives & Records Service

State Records Committee Appeal 2013-03

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

HARSHAD DESAI, Petitioner, vs.

UTAH STATE TAX COMMISSION, Respondent.

ORDER OF DISMISSAL

Case No. 13-03

The above matter having come before the state Records Committee (“Committee”) for oral argument and testimony on June 11, 2013, AND AFTER HEARING ARGUMENT FROM BOTH PARTIES, Petitioner, Harshad Desai, voluntarily agreed to dismiss the appeal before the Committee of the decision by Respondent, Utah State Tax Commission (“Tax Commission”) to deny access to certain records. The voluntary dismissal is based upon the Tax Commission’s statements as follows:

1. Garfield County does not have its own auditor to conduct personal property audits. Garfield County contracts with the Tax Commission to conduct personal property audits.

2. Mr. Desai received information on the number of personal property audits conducted during the years requested through the Garfield County Attorney.

3. The Garfield County Attorney obtained the information on the number of personal property audits conducted between the years 2000 to 2012 from the Tax Commission.

4. As such, Mr. Desai is already in possession of the information sought in his GRAMA request to the Tax Commission through the Garfield County Attorney.

Accordingly, IT IS HEREBY ORDERED: that the above appeal to the Committee is dismissed.
This Order was made without objection and with the consent of the parties.

Entered this 24th day of June, 2013.

BY THE STATE RECORDS COMMITTEE

____________________________________
LEX HEMPHILL, Chairperson
State Records Committee