Utah Code 63A-12-111. Government records ombudsman
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Terms Used In Utah Code 63A-12-111
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Division: means the Division of Archives and Records Service. See Utah Code 63A-12-100.5
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Testify: Answer questions in court.
- Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) The director of the division shall appoint a government records ombudsman.(1)(b) The government records ombudsman may not be a member of the State Records Committee created in Section63G-2-501 .(2)(2)(a) The government records ombudsman shall:(2)(a)(i) be familiar with the provisions of Title 63G, Chapter 2, Government Records Access and Management Act;(2)(a)(ii) serve as a resource for a person who is making or responding to a records request or filing an appeal relating to a records request;(2)(a)(iii) upon a request from a requester or responder, and with the consent of both the requester and responder, mediate a dispute between a requester and responder, including a dispute between a requester and a governmental entity regarding the governmental entity’s access denial, as defined in Section63G-2-400.5 ; and(2)(a)(iv) on an annual basis, electronically transmit a written report to the Government Operations Interim Committee on the work performed by the government records ombudsman during the previous year.(2)(b)(2)(b)(i) Before the conclusion of a mediation under Subsection (2)(a)(iii), a requester or responder may withdraw consent for the mediation.(2)(b)(ii) If a requester or responder withdraws consent under Subsection (2)(b)(i), the government records ombudsman shall certify, as provided in Subsection (4)(a)(ii), that the mediation was not concluded because of a lack of the required consent.(3) The government records ombudsman may not testify, or be compelled to testify, before the State Records Committee created in Section63G-2-501 , another administrative body, or a court regarding a matter that the government records ombudsman provided services in relation to under this section.(4) Upon the conclusion of a mediation under Subsection (2)(a)(iii) or upon the government records ombudsman’s determination that the required consent for the mediation is lacking, the government records ombudsman shall:(4)(a) certify in writing that the mediation:(4)(a)(i) is concluded; or(4)(a)(ii) did not take place or was not concluded because of a lack of the required consent; and(4)(b) provide a copy of the written certification to the requester and the responder.