State Records Committee Appeal 96-04

Walter J. Thomas vs.

Utah Department of Corrections

Case No. 96-4

Appellant, Walter J. Thomas, seeks an order requiring Respondent to supply specific additional medical and psychological records pertaining to Petitioner for the period January through May of 1996, beyond those already supplied by Respondent.

Petitioner submitted written documents in seeking the hearing and appeared personally at the hearing, but did not submit any further written materials at the hearing. Respondent was represented by Edward Kingsford, and presented documentation ahead of the hearing and testimony of psychologist Frank Martin Rees and argument at the hearing. The State Records Committee, having reviewed the written materials submitted by the parties and having heard testimony and argument, now issues the following decision and order.

STATEMENT OF REASONS FOR DECISION

The appeal is denied. Respondent stated it had combed Petitioner's medical and psychological records for the requested period and separated "private" records that could properly be released to Petitioner from those properly classifiable as "controlled" that are not properly releasable to Petitioner. Respondent also stated it had supplied 80 - 90% of the medical records for the period as "private" records, consisting of 400 - 500 pages.

Petitioner did not present any specific testimony that supported the assertion that the records withheld as "controlled" should have been released as "private," and the Respondent's testimony they provided all records properly classifiable as "private" rather than "controlled" was credible. Under Utah Code Ann. 63-2-303, the records withheld were properly classified as "protected."

ORDER

WHEREFORE, it is ordered that Petitioner's appeal is denied.

RIGHT TO APPEAL

Either party may appeal this Decision and Order to district court. The petition for review must be filed no later than 30 days after the date of this order. The petition for judicial review must be a complaint. The complaint and the appeals process are governed by the Utah Rules of Civil Procedure and by Utah Code Ann. 63-2-404 (Supp. 1995) and 63-2-502 (7) (Supp. 1995). The Court is required to make its decision de novo.

In order to protect its rights of appeal, a party may wish to seek advice from an attorney.

Entered this 26th day of August, 1996.

MAX J. EVANS,
Chair, State Records Committee