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 Director of the Government Records Office 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).

An appeal sent to the Ombudsman under 63A-12-111 is an option to put the 30-day deadline to appeal to the Director on hold for mediation. All appeals must be made in writing and submitted to the Ombudsman 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 Ombudsman, you lose your right to appeal and may need to file a new GRAMA request with the governmental entity.

Both parties must agree to participate in mediation and can stop at any time. When mediation is concluded either due to lack of consent from one party, or due to a resolution, the Government Records Ombudsman will provide documentation that mediation is concluded.

All appeals must be made in writing and must be submitted to the Director 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 Director, 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 Director 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. The length of hearings will vary 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 Director is prepared to hear your appeal, you will be directed to one of the two tables set up for the parties and go over hearing procedures.

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

After the motions are addressed, the Director will signal to the petitioner and respondent they each have 5 minutes to present testimony and evidence to support the case. During this time the Director may ask questions. 

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

If the Director has no further questions for the parties, he/she may go in camera to review the records in question, if necessary.

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 Director. 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 Director’s decision.

Either party may appeal the Decision and Order issued by the Government Records Office Director 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). 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