Utah Code 63G-2-404. Judicial review

(1)

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Terms Used In Utah Code 63G-2-404

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.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Governmental entity: means :
          (11)(a)(i) executive department agencies of the state, the offices of the governor, lieutenant governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole, the Board of Examiners, the National Guard, the Career Service Review Office, the State Board of Education, the Utah Board of Higher Education, and the State Archives;
          (11)(a)(ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative committees, except any political party, group, caucus, or rules or sifting committee of the Legislature;
          (11)(a)(iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar administrative units in the judicial branch;
          (11)(a)(iv) any state-funded institution of higher education or public education; or
          (11)(a)(v) any political subdivision of the state, but, if a political subdivision has adopted an ordinance or a policy relating to information practices pursuant to Section 63G-2-701, this chapter shall apply to the political subdivision to the extent specified in Section 63G-2-701 or as specified in any other section of this chapter that specifically refers to political subdivisions. See Utah Code 63G-2-103
Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
Protected record: means a record that is classified protected as provided by Section 63G-2-305. See Utah Code 63G-2-103
Record: means a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material regardless of physical form or characteristics:
(25)(a)(i) that is prepared, owned, received, or retained by a governmental entity or political subdivision; and
(25)(a)(ii) where all of the information in the original is reproducible by photocopy or other mechanical or electronic means. See Utah Code 63G-2-103
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Requester: means a person who submits a record request to a governmental entity. See Utah Code 63G-2-400.5
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
State Records Committee: means the State Records Committee created in Section 63G-2-501. See Utah Code 63G-2-103
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) A petition for judicial review of an order or decision, as allowed under this part, in Section 63G-2-209, or in Subsection 63G-2-701(6)(a)(ii), shall be filed no later than 30 days after the date of the order or decision, subject to Subsection (1)(b).

(1)(b) The time for a requester to file a petition for judicial review under Subsection (1)(a) is suspended for the period of time that:

(1)(b)(i) begins the date the requester submits a request under Section 63A-12-111 for the government records ombudsman to mediate the dispute between the requester and the governmental entity; and

(1)(b)(ii) ends the earlier of the following dates:

(1)(b)(ii)(A) the date that the government records ombudsman certifies in writing that the mediation is concluded; or

(1)(b)(ii)(B) the date that the government records ombudsman certifies in writing that the mediation did not occur or was not concluded because of a lack of the required consent.

(2)

(2)(a) A petition for judicial review is a complaint governed by the Utah Rules of Civil Procedure and shall contain:

(2)(a)(i) the petitioner’s name and mailing address;

(2)(a)(ii) a copy of the State Records Committee order from which the appeal is taken, if the petitioner is seeking judicial review of an order of the State Records Committee;

(2)(a)(iii) the name and mailing address of the governmental entity that issued the initial determination with a copy of that determination;

(2)(a)(iv) a request for relief specifying the type and extent of relief requested; and

(2)(a)(v) a statement of the reasons why the petitioner is entitled to relief.

(2)(b) Except in exceptional circumstances, a petition for judicial review may not raise an issue that was not raised in the underlying appeal and order.

(3) If the appeal is based on the denial of access to a protected record based on a claim of business confidentiality, the court shall allow the claimant of business confidentiality to provide to the court the reasons for the claim of business confidentiality.

(4) All additional pleadings and proceedings in the district court are governed by the Utah Rules of Civil Procedure.

(5) The district court may review the disputed records. The review shall be in camera.

(6)

(6)(a) The court shall:

(6)(a)(i) make the court’s decision de novo, but, for a petition seeking judicial review of a State Records Committee order, allow introduction of evidence presented to the State Records Committee;

(6)(a)(ii) determine all questions of fact and law without a jury; and

(6)(a)(iii) decide the issue at the earliest practical opportunity.

(6)(b) A court may remand a petition for judicial review to the State Records Committee if:

(6)(b)(i) the remand is to allow the State Records Committee to decide an issue that:

(6)(b)(i)(A) involves access to a record; and

(6)(b)(i)(B) the State Records Committee has not previously addressed in the proceeding that led to the petition for judicial review; and

(6)(b)(ii) the court determines that remanding to the State Records Committee is in the best interests of justice.

(7)

(7)(a) Except as provided in Section 63G-2-406, the court may, upon consideration and weighing of the various interests and public policies pertinent to the classification and disclosure or nondisclosure, order the disclosure of information properly classified as private, controlled, or protected if the interest favoring access is greater than or equal to the interest favoring restriction of access.

(7)(b) The court shall consider and, where appropriate, limit the requester’s use and further disclosure 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 Subsections 63G-2-305(1) and (2), and privacy interests or the public interest in the case of other protected records.

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