FAQ

A person making a request must submit it to the governmental entity that maintains the desired record. So, determine which agency is most likely to have the records in which you are interested. For example, if you are seeking records about water usage, contact the appropriate municipality. If you are interested in records about water rights, contact the Water Rights Division of the Utah Department of Natural Resources.

The request must be in writing and must include the requester’s name, address, telephone number (if available), and a specific description of the record(s) requested (Utah Code Section 63G-2-204(1)). The easiest method to prepare and submit the request is through the Open Records Portal. You may also use an agency’s request form or a generic request form provided by the Utah State Archives.
A request can be filed in one of five ways:

• Open Records Portal
• Email
• Fax
• U.S. mail
• In person

Make sure the request is specific and concise in order to help the agency quickly locate and identify the records you are requesting. No matter how you submit the request, be sure to address it to the records officer.

Each governmental entity has a records officer who is responsible for responding to requests. Names and contact information for most records officers are listed in the Open Records Portal. Every agency, whether state or local, is required by GRAMA to appoint a records officer. This is the person to whom you should address your request.

There are several ways to find the records officer’s contact information:

• Records officer’s names are provided in the Open Records Portal. Requests submitted through the portal automatically go to the records officer.
• Records officer’s names are often provided on agency websites, and sometimes agency websites have links to the Open Records Portal or to forms that can be filled out electronically scanned and mailed.
• If no records officer’s contact information is available, simply address the request to “Agency GRAMA Responder” and send it to the agency’s main address.

How long does it take to receive a response to a record request? The law allows records officers up to ten business days to respond, but suggests that they respond as soon as reasonably possible.

• GRAMA requests are not questions. GRAMA is designed to provide access to records. It is not the place for the public to request answers to questions. For example, do not submit a GRAMA request saying, “Why didn’t my street get plowed until a day after the latest snow storm?” Instead, an effective GRAMA request would be, “I am seeking records regarding the snowplowing schedule in this municipality. In particular, I seek specific records about the snowplowing schedule for Main Street.”
• GRAMA requests may have associated fees. Filling a request is always free but governmental entities are allowed to charge fees for the actual cost of providing records. (Utah Code Section 63G-2-203)).
• Many records are available online. More and more records are becoming available on agency websites and on the Open Records Portal. The Transparent.Utah.gov provides resources and links to state and local government annual expenses, revenue, and employee compensation. The Utah Public Notice Website provides records of open and public meetings including agendas, minutes, and audio recordings.
• Retain a copy of the request. A copy of your request will be necessary if you are denied access to any records and later decide to file an appeal to the State Records Committee or to district court.

Requesters with questions or concerns may contact the Government Records Ombudsman.

Either the governmental entity or a person making a records request or appeal may request mediation at any point in this process (UC 63A-12-111(2)(c)). Mediation does not impact the appeals process, except that through mediation an appellant may become satisfied and withdraw the appeal. Mediation is an opportunity for parties to meet for a candid discussion about issues related to the appeal and to gain understanding of others’ positions and explore possible resolutions. No correspondence with the government records ombudsman or information obtained in mediation can be brought forward at any hearings, either before the State Records Committee or the District Court.

A requester or other interested party who is not satisfied with a records officer’s response to a GRAMA request and wishes to appeal must begin by appealing to the Chief Administrative Officer (CAO) of the relevant governmental entity (Utah Code 63G-2-401(1)). The records officer’s Notice of Denial should provide contact information for the Chief Administrative Officer, as well as a statement that the requester has the right to appeal within 30 days (Utah Code 63G-2-205(2)).

Appealable issues include:

1. Government’s denial of access to records based on restricted classification (Utah Code 63G-2-401(1)).
2. Government’s claim that it does not maintain the requested records, which must be supported by evidence that the entity does or should maintain requested records (Utah Administrative Rule 35-2-2(2).
3. Government’s failure to respond, which is considered an access denial (Utah Code 63G-2-204(8)).
4. Government’s claim of extraordinary circumstances requiring more time to respond or provide records (Utah Code 63G-2-401(1)(b)).
5. Government’s denial of a request for a fee waiver (Utah Code 63G-2-203(6)(a)).

The appeal to the chief administrative officer must include:

• Name, address, and daytime telephone number of the requester (Utah Code 63G-2-401(2)(a))
• An explanation of the requested remedy (Utah Code 63G-2-401(2)(b))

The chief administrative officer of every governmental entity is a person in a managerial position who has responsibility for the entity’s overall records management program, or someone else whom he/she has delegated to handle appeals (Utah Code 63A-12-103 and 63G-2-401(9)). The chief administrative officer has the authority to weigh various interests and order the disclosure of records that are properly restricted if, after review, he/she believes interests favoring disclosure prevail (Utah Code 63G-2-401(6)). The chief administrative officer must make a decision within 10 business days, with two exceptions: (1), if the requester or other interested party demonstrates that an expedited decision benefits the public, then the decision must be made in 5 days; (2), if a confidentiality agreement is involved, the chief administrative officer must make the decision within 12 days after the governmental entity sends notice of appeal to the person who submitted the claim of business confidentiality (Utah Code 63G-2-401(5)). If the chief administrative officer upholds the original denial or fails to make a decision within the allowed time, the requester is entitled to appeal to the next level (Utah Code 63G-2-402).

The State Records Committee is a public body established by the Utah Legislature under the Government Records Access and Management Act (GRAMA). Utah Code § 63G-2-501 defines the Committee’s membership and method of appointment. Utah Code § 63G-2-502 outlines the Committee’s duties and responsibilities. The State Records Committee is a public body and meets in accordance with the Open and Public Meetings Act (Utah Code Utah Code 52-4). Administrative Rule Title R35 further defines how the Committee functions.

The seven-member committee is comprised of the director of the Division of Archives and Records Service or their designee, a Utah League of Cities and Towns representative, two citizen representatives, a media representative, a private sector records manager, and an individual with expertise in electronic records and databases.

All appeals must be made in writing and must be submitted to the SRC executive secretary no later than 30 days after the date of issuance of the decision being appealed. If that timeframe expires before you provide the required information to the executive secretary, you lose your right to appeal and may need to file a new GRAMA request with the governmental entity.

The simplest and best way to prepare an appeal is to use the
records request forms on the Utah State Archives website. However, a simple written letter is acceptable. The
Appeals Form can be used to appeal whole denials, partial denials, and deemed denials (i.e., when the governmental entity does not respond by the deadline), as well as to appeal any fees being charged and claims of extraordinary circumstances by the governmental entity.

The SRC will accept appeals sent via email, fax, or U.S. Postal Service.

To file a notice of appeal a requester must provide the following:

• Name, mailing address, and daytime telephone number of the Appellant. (Utah Code 63G-2-403(2))
• A copy of the initial GRAMA request. (Administrative Rule R35-2-2(3))
• A copy of the governmental entity’s decision. (Utah Code 63G-2-403(2))
• A copy of the appeal to the chief administrative officer. (Administrative Rule R35-2-2(3))
• A copy of the chief administrative officer’s decision.
  • (Or a notation that the request was “an affirmed denial,” meaning the governmental entity did not respond at all.)
• A written statement of relief sought.

Arrive early for your hearing. The meeting begins the meeting at 9 a.m. on the third Thursday of every month unless notified differently. Hearings normally do not have a scheduled start time. Most hearings will take on average 1-2 hours depending on the complexity of the record series subject, motions, witness testimony, deliberations, in-camera time, and legal consultation. Please be patient.

In most cases, inmate hearings will be heard first because of the coordination required to move the prisoner to an office with phone access, in addition to needing an officer to remain with the inmate during the hearing.

When the Committee is prepared to hear your appeal it will direct you to one of the two tables set up in front of the Committee. The Committee Chair will go over the hearing procedures and ask the Committee and party members to introduce themselves.

If a motion has been submitted for consideration, the Committee will hear arguments and make a ruling before proceeding with the rest of the hearing. Each party is provided 5 minutes to address the Committee to make an argument and counterargument on the motion.

After the motions are addressed the Chair will signal to the petitioner and respondent they each have 15 minutes to present testimony and evidence to support the case. During this time the Committee members may ask questions.

After the testimony is complete, the petitioner and respondent each have 5 minutes for closing remarks.

If the Committee has no further questions for the parties, the Committee will go into deliberation and/or in camera to review the records in question, if necessary.

All deliberation and motions are accomplished in a public forum unless the Committee decides to go in camera to review records. Once the Committee is back in session, a motion for a decision and order will be made either granting the relief sought, in whole or in part; or upholding the governmental entity’s access denial in whole or part. The official order will be issued no later than 7 business days after the hearing.

After the official order is issued, each party shall comply with the order within 30 days. The governmental entity shall provide a notice of compliance to the Committee. If a party disagrees with the order, the party may file a notice of intent to appeal the order within 30 days for a judicial review of the Committee’s decision.

Either party may appeal the Decision and Order issued by the State Records Committee in district court according to the Rules of Civil Procedure. An appeal must be made within 30 days of the date on the Decision and Order (Utah Code 63G-2-404(1)(a). The State Records Committee is a necessary party in a civil suit when its decision is being challenged. Resources available to the public for filing judicial reviews: Utah Courts Self Help.

You may contact the Executive Secretary at 801-531-3851 or [email protected].
The address is:
346 S. Rio Grande St.
Salt Lake City, UT 84101