State Records Committee Appeal Decision 2020-40
BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH
CENTER FOR BIOLOGICAL DIVERSITY, Petitioner, v.
DEPT OF WORKFORCE SERVICES. Respondent.
DECISION AND ORDER
Case No. 20-40
The present appeal was heard by the State Records Committee (“Committee”) on August 27, 2020 with each of the parties participating electronically. Both parties requested to continue the hearing on the matter of records of communications generated in connection to the Uintah Basin Railway, allowing the parties to potentially resolve the issues that are the subject of the appeal. The Committee unanimously voted to continue the hearing to the next available Committee hearing date.
THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, the Center for Biological Diversity is CONTINUED.
RIGHT TO APPEAL
A party to a proceeding before the Committee may seek judicial review in District Court of a Committee's Order by filing a petition for review of the Committee Order as provided in Utah Code § 63G-2-404. Utah Code § 63G-2-403(14). A petition for judicial review of a Committee Order "shall be filed no later than 30 days" after the date of the Committee Order. Utah Code § 63G-2-404(1)(a). The petition for judicial review must be a complaint which is governed by the Utah Rules of Civil Procedure and include the Committee as a necessary party and contain the required information listed in Subsection -404(2). Utah Code § 63G-2-404(1) & (2). The court shall make its decision de novo but shall allow introduction of evidence presented to the Committee, determine all questions of fact and law without a jury, and decide the issue at the earliest practical opportunity. Utah Code § 63G-2-404(6). In order to protect a parties’ rights on appeal, a party may wish to seek advice from an attorney.
Pursuant to Utah Code § 63G-2-403(15)(c), if the Committee orders the governmental entity to produce a record and no appeal is filed, the government entity herein shall comply with the order of the Committee and shall: (1) Produce the record; and (2) File a notice of compliance with the Committee. If the governmental entity ordered to produce a record fails to file a notice of compliance or a notice of intent to appeal, the Committee may do either or both of the following: (1) Impose a civil penalty of up to $500 for each day of continuing noncompliance; or (2) Send written notice of the entity's noncompliance to the Governor. Utah Code § 63G-2-403(15)(d)(i)(B). In imposing a civil penalty, the Committee shall consider the gravity and circumstances of the violation, including whether the failure to comply was due to neglect or was willful or intentional. Utah Code § 63G-2-403(15)(d)(ii).
Entered this 8 day of September 2020
BY THE STATE RECORDS COMMITTEE
Chair, State Records Committee
Page Last Updated September 15, 2020 .