Utah Code 63G-4-106. Access to information on state-controlled websites
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(1) As used in this section and Sections 63G-4-107 and 63G-4-108:
Terms Used In Utah Code 63G-4-106
- Agency: means a board, commission, department, division, officer, council, office, committee, bureau, or other administrative unit of this state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, but does not mean the Legislature, the courts, the governor, any political subdivision of the state, or any administrative unit of a political subdivision of the state. See Utah Code 63G-4-103
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- License: means a franchise, permit, certification, approval, registration, charter, or similar form of authorization required by statute. See Utah Code 63G-4-103
- Party: means the agency or other person commencing an adjudicative proceeding, all respondents, all persons permitted by the presiding officer to intervene in the proceeding, and all persons authorized by statute or agency rule to participate as parties in an adjudicative proceeding. See Utah Code 63G-4-103
- Person: means an individual, group of individuals, partnership, corporation, association, political subdivision or its units, governmental subdivision or its units, public or private organization or entity of any character, or another agency. See Utah Code 63G-4-103
- 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
(1)(a) “Administrative disciplinary action” means, subject to the limitations described in Section 63G-4-102, state agency action against the interest of an individual that affects a legal right, duty, privilege, immunity, or other legal interest of an individual, including agency action to deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license.
(1)(b) “Record of administrative disciplinary action” means a notice, request, complaint, report, order, or other information related to an administrative disciplinary action.
(1)(c) “State-controlled website” means a website:
(1)(c)(i) operated by:
(1)(c)(i)(A) an agency; or
(1)(c)(i)(B) a third party pursuant to a contract with an agency under which the agency controls the data available to the public; and
(1)(c)(ii) that includes personally identifiable information.
(2) Unless otherwise required by federal law, if an agency maintains, on a state-controlled website available to the public, a record of administrative disciplinary action, the agency shall remove the record of administrative disciplinary action from public access on the state-controlled website by no later than 10 years from the date:
(2)(a) a final order related to the administrative disciplinary action was issued; or
(2)(b) the administrative disciplinary action was commenced, if no final order was issued related to the administrative disciplinary action.
(3) Notwithstanding Subsection (2):
(3)(a) a record of administrative disciplinary action issued in accordance with this chapter shall maintain its record classification pursuant to Subsection 63G-2-301(2)(c) or (3)(t); and
(3)(b) a person may make a request for the record of administrative disciplinary action in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.