State Codes and Statutes

Statutes > Utah > Title-63g > Chapter-02 > 63g-2-404

63G-2-404. Judicial review.
(1) (a) Any party to a proceeding before the records committee may petition for judicialreview by the district court of the records committee's order.
(b) The petition shall be filed no later than 30 days after the date of the recordscommittee's order.
(c) The records committee is a necessary party to the petition for judicial review.
(d) The executive secretary of the records committee shall be served with notice of thepetition in accordance with the Utah Rules of Civil Procedure.
(2) (a) A requester may petition for judicial review by the district court of agovernmental entity's determination as specified in Subsection 63G-2-402(1)(b).
(b) The requester shall file a petition no later than:
(i) 30 days after the governmental entity has responded to the records request by eitherproviding the requested records or denying the request in whole or in part;
(ii) 35 days after the original request if the governmental entity failed to respond to therequest; or
(iii) 45 days after the original request for records if:
(A) the circumstances described in Subsection 63G-2-401(1)(b) occur; and
(B) the chief administrative officer failed to make a determination under Section63G-2-401.
(3) The petition for judicial review shall be a complaint governed by the Utah Rules ofCivil Procedure and shall contain:
(a) the petitioner's name and mailing address;
(b) a copy of the records committee order from which the appeal is taken, if the petitionerbrought a prior appeal to the records committee;
(c) the name and mailing address of the governmental entity that issued the initialdetermination with a copy of that determination;
(d) a request for relief specifying the type and extent of relief requested; and
(e) a statement of the reasons why the petitioner is entitled to relief.
(4) If the appeal is based on the denial of access to a protected record, the court shallallow the claimant of business confidentiality to provide to the court the reasons for the claim ofbusiness confidentiality.
(5) All additional pleadings and proceedings in the district court are governed by theUtah Rules of Civil Procedure.
(6) The district court may review the disputed records. The review shall be in camera.
(7) The court shall:
(a) make its decision de novo, but allow introduction of evidence presented to the recordscommittee;
(b) determine all questions of fact and law without a jury; and
(c) decide the issue at the earliest practical opportunity.
(8) (a) The court may, upon consideration and weighing of the various interests andpublic policies pertinent to the classification and disclosure or nondisclosure, order the disclosureof information properly classified as private, controlled, or protected if the interest favoringaccess outweighs the interest favoring restriction of access.
(b) The court shall consider and, where appropriate, limit the requester's use and furtherdisclosure of the record in order to protect privacy interests in the case of private or controlled

records, business confidentiality interests in the case of records protected under Subsections63G-2-305(1) and (2), and privacy interests or the public interest in the case of other protectedrecords.

Renumbered and Amended by Chapter 382, 2008 General Session