Government Records Office Appeal Decision 2025-002

BEFORE THE GOVERNMENT RECORDS OFFICE OF THE STATE OF UTAH

MICHAEL CLARA, Petitioner, v.

LIEUTENANT GOVERNOR’S OFFICE, Respondent.

ORDER OF DISMISSAL

Appeal No. 2025-002

By this appeal, Petitioner, Michael Clara, seeks access to records allegedly held by Respondent, the Lieutenant Governor’s Office. On October 10, 2025, a public hearing was held by the Government Records Office (“Office”). During the hearing, Mr. Clara orally withdrew his appeal. Accordingly, the Office enters this Order of Dismissal of the present appeal.

RIGHT TO APPEAL

A party to this proceeding may seek review of the Director’s order or decision by filing a petition for judicial review in District Court as provided in Utah Code § 63G-2-404. Utah Code § 63G-2-403(14). A petition for judicial review “shall be filed no later than 30 days” after the date of the order or decision pursuant to Utah Code § 63G-2-404(1)(a), except as provided in Utah Code § 63G-2-404(1)(b). The petition is a complaint governed by the Utah Rules of Civil Procedure and shall contain the required information listed in Subsection -404(2). Utah Code § 63G-2-404(2). The court shall make its decision de novo but shall allow introduction of evidence presented to the Director, 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 its rights on appeal, a party may wish to seek advice from an attorney.

PENALTY NOTICE

Pursuant to Utah Code § 63G-2-403(15)(c), if the Director orders the governmental entity to produce a record and no appeal is filed, the government entity herein shall comply with the order of the Director and shall: (1) Produce the record; and (2) File a notice of compliance with the Government Records Office. If the governmental entity ordered to produce a record fails to file a notice of compliance or a notice of intent to appeal, the Director 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 Director 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 22 day of October 2025.

BY THE GOVERNMENT RECORDS OFFICE

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MICAH VORWALLER, Director Designee