Utah Admin. Code 35-1-5

Current through Bulletin No. 2024-21, November 1, 2024
Section R35-1-5 - Issuing the Committee Decision and Order
(1) The Committee may issue the following Orders:
(a) grant the petitioner's appeal in whole or in part;
(b) deny the petitioner's appeal in whole or in part;
(c) continue the hearing to a later date;
(d) deny or allow a vexatious requester hearing;
(e) declare a person a vexatious requester; or
(f) require a governmental entity to make redactions in the record, remove redactions, or take other action necessary to carry out the Decision and Order.
(g) default in favor of one party due to the lack of attendance of the other party.
(2) In its Orders, the Committee may, as needed to comply with Subsection 63G-2-403(12)(a), cite to and analyze legal authority not voiced in its deliberations as long as the cited authority supports the dispositive motion the Committee voted upon in the hearing.
(3)
(a)
(i) The Committee Chair or Chair pro tem shall sign the Decision and Order; and
(ii) the Executive Secretary shall distribute the Decision and Order within seven business days after the hearing.
(b) The Executive Secretary shall distribute copies of each Decision and Order to the petitioner, the governmental entity, and other interested parties. The Committee shall maintain the original Order.
(4) The Committee shall make a copy of the Decision and Order available for public access on the Utah State Archives website.
(5) Before either party appeals an Order pursuant to Section 63G-2-404, the Committee may withdraw its Order by delivering notice to the parties of the withdrawal. Upon the withdrawal, the Executive Secretary shall add the withdrawn Order to the agenda of the next regularly scheduled public Committee meeting.

Utah Admin. Code R35-1-5

Adopted by Utah State Bulletin Number 2023-20, effective 10/11/2023
Amended by Utah State Bulletin Number 2024-03, effective 1/29/2024
Amended by Utah State Bulletin Number 2024-12, effective 6/18/2024