RULES FOR GOVERNMENT RECORDS ACCESS AND MANAGEMENT ACT

The Government Records Access and Management Act (GRAMA), UCA 63-2 (2) (1992), is a comprehensive law dealing with management of government records, with who is entitled to access those records, and with the exercise and enforcement of access rights. It is an attempt to balance the public's Constitutional right of access to information concerning the conduct of the public's business, the individual's constitutional right of privacy in relation to personal data gathered by government entities, and the public policy interest in allowing a government to restrict access to certain records for the public good.

1. Purpose
   The purpose of the following rules is to provide procedures for access to government records.
   
2. Authority
   The authority for the following rules is sections 63-2-204, 904 of GRAMA.
   
3. Chief Administrative Officer
   The Director of Human Resources/Equity Officer, located at AD-110, by appointment of the President of the institution, is the Chief Administrative Officer responsible for:
   
   1. Administering records management programs which satisfy the requirements of GRAMA.
      
   2. Weighing authority when access to certain private or protected records might outweigh the interests favoring restriction of access.
      
   3. Adjudicating appeals by requesters who have been denied access.
      
   4. Adjudicating appeals by the subject of a record who is requesting an amendment to his/her record.
      
   5. Deciding on requests for information regarding materials of Intellectual Property Rights owned by the institution.
      
4. Records Officer
   The Director of Human Resources/Equity Officer also acts as the Records Officer for the purposes of satisfying GRAMA requirements and is responsible for:
   
   1. Developing and overseeing records management and access.
      
   2. Working as liaison with State Archives.
      
   3. Receiving and processing requests for access of records.
      
   4. Reporting designations and classifications of records and record series maintained by the institution.
      
   5. Preparing and maintaining information on records transferred to and maintained by the institution.
      
   6. Preparing and maintaining information on records transferred to and retrieved from Decker Lake (State Archives).
      
   7. Overseeing retention and destruction schedules of various records and record series of the institution.
      
   8. Other activities consistent with records officer's duties including the designation of records series under Section 63-2-306 of GRAMA.
      
5. Request for Access
   Requests for access to government records of the institution should be written and made to the Director of Human Resources/Equity Officer. Response to a request submitted to other persons within the institution may be delayed. See Section 63-2-204(2), (6). Generally, the subject of a record or a requester in possession of a written notarized release from the subject of a private record may bypass this procedure and request access directly to the department within the institution who maintains custodial responsibility for that record, if such knowledge is available. Examples of this exception are: student records governed by the Family Education rights and Privacy Act of 1974; and personnel records.
   
6. Appeals
   Records requestors who have been denied access may appeal that determination within 30 days to the Director of Human Resources/Equity Officer by filing a notice of appeal according to Section 63-204 of GRAMA.
   
7. Fees
   A fee schedule of the direct and indirect costs of duplicating or compiling a record may be obtained from the institution by contacting the office of the Director of Human Resources/Equity Officer. The institution may require payment of past fees and future estimated fees before beginning to process a request if fees are expected to exceed $50.00, or if the requester has not paid fees from previous requests.
   
8. Waiver of Fees
   Fees for duplication and compilation of a record may be waived under certain circumstances described in Section 63-2-203(3). Requests for this waiver of fees may be made through the office of the Director of Human Resources/Equity Officer.
   
9. Request for Access for Research Purposes
   Access to private or controlled records for research purposes is allowed by Section 63-2-202(8). Requests for access to such records for research purposes may be made to the Director of Human Resources/Equity Officer.
   
10. Intellectual Property Rights
    A government entity that owns an intellectual property right may duplicate and distribute such materials in accordance with Section 63-2-201(10). Decisions with regard to these rights will be made by the Director of Human Resources/Equity Officer. Any questions regarding the duplication and distribution of such materials should be addressed to that individual.
    
11. Requests to Amend a Record
    An inpidual may contest the accuracy or completeness of a document pertaining to him/her pursuant to Section 63-2-603. Such requests should be made to the Director of Human Resources/Equity Officer.
    
12. Appeals of Requests to Amend a Record
    Appeals of requests to amend a record shall be handled as informal hearings under the Utah Administrative Procedures Act. Appeals may be filed with the Director of Human Resources/Equity Officer.