Utah Admin. Code 590-220-17

Current through Bulletin 2024-23, December 1, 2024

Section R590-220-17 - Classification of Documents

(1) A record submitted under this rule is subject to Title 63G, Chapter 2, Government Records Access and Management Act.

(2) Notwithstanding Subsection (1), a record provided under 45 CFR 154.200(a)(1), 45 CFR 154.215(b)(1), or 45 CFR 154.215(b)(2) is classified as public.

(3) A record submitted under Section 31A-2-201.2, 31A-30-106, or 31A-30-106.1 is classified as protected.

(4) Notwithstanding Subsections (1) through (3), a record may be classified as protected if:

(a) requested under Section 63G-2-309;

(b) the request in Subsection (4)(a) includes each required element of Subsections 63G-2-309(1)(a)(i)(A) and 63G-2-309(1)(a)(i)(B); and

(c) the department notifies the requester that the record has been classified as protected.

(5) A filing may not be reopened to reclassify a previously filed document.

(6) A pattern of requesting that non-qualifying documents be protected, including putting both protected and public information in one document, may violate this rule.

Utah Admin. Code R590-220-17

Amended by Utah State Bulletin Number 2015-20, effective 9/23/2015

Adopted by Utah State Bulletin Number 2023-12, effective 3/23/2016

Adopted by Utah State Bulletin Number 2023-13, effective 6/9/2023