Division of Archives and Records Service

GRAMA Request and Appeal Time Limits

Rosemary Cundiff
August 21, 2012

        The Government Records Access and Management Act (GRAMA) provides time limits for both responding to requests and appealing denials. These time limits, found in Utah Code sections 63G-2-204 and 401-404, are important because they protect rights and define responsibilities. A requestor is entitled to a response within a reasonable timeframe. If the requestor is not satisfied with the response he or she must appeal within a reasonable time. One reason GRAMA requests must be in writing is to document when the clock starts ticking.

Government to respond to a GRAMA request As soon as reasonably possible but no more than 10 business days 63G-2-204(3)
Government to affirm or deny request for expedited response No more than 5 business days 63G-2-204(3)
Government to respond to expedited GRAMA request No more than 5 business days 63G-2-204(3)
Government to respond if extraordinary circumstances As soon as reasonably possible and according to additional details outlined in the law; notify when records will be available 63G-2-204(6)
Requester to appeal denial to chief administrative officer Within 30 days after receiving notice of denial or if the governmental entity fails to respond 63G-2-401(1)63G-2-204(8)
Chief administrative officer to respond to appeal No more than 5 business days or 12 business days if business confidentiality is involved; by agreement parties may extend the time period 63G-2-401(5)
Requester to appeal the denial of the chief administrative officer to the State Records Committee. Within 30 days after receiving response or 45 days after appeal if chief administrative officer did not respond (Requestor may choose to appeal in District Court instead.) 63G-2-403(1)
Requester to notify government of intent to appeal On same day as request for State Records Committee hearing 63G-2-403(3)
State Records Committee executive secretary to schedule hearing Within 5 days after receiving request 63G-2-403(5)
Date of hearing Not less than 14 days or more than 52 days after request for hearing  3G-2-403(5)
Government to provide statement of facts supporting government position Not later than 5 business days before hearing 63G-2-403(5)
State records committee to issue a decision and order Within 7 business days after the hearing 63G-2-403(11)
Government to comply with order to produce records or either party may appeal State Records Committee decision in District Court Within 30 days after the date of the State Records Committee’s order 63G-2-404(1)