Section 402 – Appealing a decision of a chief administrative officer.

• (1) If the decision of the chief administrative officer of a governmental entity under Section 63G-2-401 is to affirm the denial of a record request, the requester may:
  • (a)
    • (i) appeal the decision to the State Records Committee, as provided in Section 63G-2-403; or
    • (ii) petition for judicial review of the decision in district court, as provided in Section 63G-2-404; or
  • (b) appeal the decision to the local appeals board if:
    • (i) the decision is of a chief administrative officer of a governmental entity that is a political subdivision; and
    • (ii) the political subdivision has established a local appeals board.

• (2) A requester who appeals a chief administrative officer’s decision to the State Records Committee or a local appeals board does not lose or waive the right to seek judicial review of the decision of the State Records Committee or local appeals board.

• (3) As provided in Section 63G-2-403, an interested party may appeal to the State Records Committee a chief administrative officer’s decision under Section 63G-2-401 affirming an access denial.

Amended by Chapter 254, 2019 General Session