19-1-306 - Records of the department. - Utah Statutes

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Statutes > Utah > Title-19 > Chapter-01 > 19-1-306

19-1-306. Records of the department.
(1) Except as provided in this section, records of the department shall be subject to Title63G, Chapter 2, Government Records Access and Management Act.
(2) (a) The standards of the federal Freedom of Information Act, 5 U.S.C. Sec. 552, andnot the standards of Subsections 63G-2-305(1) and (2), shall govern access to records of thedepartment for which business confidentiality has been claimed under Section 63G-2-309, to theextent those records relate to a program:
(i) that is delegated, authorized, or for which primacy has been granted to the state;
(ii) for which the state is seeking delegation, authorization, or primacy; or
(iii) under the federal Comprehensive Environmental Response, Compensation, andLiability Act.
(b) The regulation of the United States Environmental Protection Agency interpreting thefederal Freedom of Information Act, as it appeared at 40 C.F.R. Part 2 on January 1, 1992, shallalso apply to the records described in Subsection (1).
(3) (a) The department may, upon request, make trade secret and confidential businessrecords available to the United States Environmental Protection Agency insofar as they relate to adelegated program, to a program for which the state is seeking delegation, or to a program underthe federal Comprehensive Environmental Response, Compensation and Liability Act.
(b) In the event a record is released to the United States Environmental ProtectionAgency under Subsection (3)(a), the department shall convey any claim of confidentiality to theUnited States Environmental Protection Agency and shall notify the person who submitted theinformation of its release.
(4) Trade secret and confidential business records under Subsection (2) shall be managedas protected records under the Government Records Access and Management Act, and allprovisions of that act shall apply except Subsections 63G-2-305(1) and (2).
(5) Records obtained from the United States Environmental Protection Agency andrequested by that agency to be kept confidential shall be managed as protected records under theGovernment Records Access and Management Act, and all provisions of that act shall applyexcept to the extent they conflict with this section.

Amended by Chapter 382, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-19 > Chapter-01 > 19-1-306

19-1-306. Records of the department.
(1) Except as provided in this section, records of the department shall be subject to Title63G, Chapter 2, Government Records Access and Management Act.
(2) (a) The standards of the federal Freedom of Information Act, 5 U.S.C. Sec. 552, andnot the standards of Subsections 63G-2-305(1) and (2), shall govern access to records of thedepartment for which business confidentiality has been claimed under Section 63G-2-309, to theextent those records relate to a program:
(i) that is delegated, authorized, or for which primacy has been granted to the state;
(ii) for which the state is seeking delegation, authorization, or primacy; or
(iii) under the federal Comprehensive Environmental Response, Compensation, andLiability Act.
(b) The regulation of the United States Environmental Protection Agency interpreting thefederal Freedom of Information Act, as it appeared at 40 C.F.R. Part 2 on January 1, 1992, shallalso apply to the records described in Subsection (1).
(3) (a) The department may, upon request, make trade secret and confidential businessrecords available to the United States Environmental Protection Agency insofar as they relate to adelegated program, to a program for which the state is seeking delegation, or to a program underthe federal Comprehensive Environmental Response, Compensation and Liability Act.
(b) In the event a record is released to the United States Environmental ProtectionAgency under Subsection (3)(a), the department shall convey any claim of confidentiality to theUnited States Environmental Protection Agency and shall notify the person who submitted theinformation of its release.
(4) Trade secret and confidential business records under Subsection (2) shall be managedas protected records under the Government Records Access and Management Act, and allprovisions of that act shall apply except Subsections 63G-2-305(1) and (2).
(5) Records obtained from the United States Environmental Protection Agency andrequested by that agency to be kept confidential shall be managed as protected records under theGovernment Records Access and Management Act, and all provisions of that act shall applyexcept to the extent they conflict with this section.

Amended by Chapter 382, 2008 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-19 > Chapter-01 > 19-1-306

19-1-306. Records of the department.
(1) Except as provided in this section, records of the department shall be subject to Title63G, Chapter 2, Government Records Access and Management Act.
(2) (a) The standards of the federal Freedom of Information Act, 5 U.S.C. Sec. 552, andnot the standards of Subsections 63G-2-305(1) and (2), shall govern access to records of thedepartment for which business confidentiality has been claimed under Section 63G-2-309, to theextent those records relate to a program:
(i) that is delegated, authorized, or for which primacy has been granted to the state;
(ii) for which the state is seeking delegation, authorization, or primacy; or
(iii) under the federal Comprehensive Environmental Response, Compensation, andLiability Act.
(b) The regulation of the United States Environmental Protection Agency interpreting thefederal Freedom of Information Act, as it appeared at 40 C.F.R. Part 2 on January 1, 1992, shallalso apply to the records described in Subsection (1).
(3) (a) The department may, upon request, make trade secret and confidential businessrecords available to the United States Environmental Protection Agency insofar as they relate to adelegated program, to a program for which the state is seeking delegation, or to a program underthe federal Comprehensive Environmental Response, Compensation and Liability Act.
(b) In the event a record is released to the United States Environmental ProtectionAgency under Subsection (3)(a), the department shall convey any claim of confidentiality to theUnited States Environmental Protection Agency and shall notify the person who submitted theinformation of its release.
(4) Trade secret and confidential business records under Subsection (2) shall be managedas protected records under the Government Records Access and Management Act, and allprovisions of that act shall apply except Subsections 63G-2-305(1) and (2).
(5) Records obtained from the United States Environmental Protection Agency andrequested by that agency to be kept confidential shall be managed as protected records under theGovernment Records Access and Management Act, and all provisions of that act shall applyexcept to the extent they conflict with this section.

Amended by Chapter 382, 2008 General Session