State Records Committee Appeal 99-06

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

BLAINE JORDAN, Appellant vs. DIVISION OF UNCLAIMED PROPERTY OF THE OFFICE OF THE UTAH STATE TREASURER, Appellee.

DECISION AND ORDER

Case No. 99-06 Appellant, Blaine Jordan, sought an order of the Committee requiring Appellee to supply, in connection with certain of its publications regarding unclaimed property, the dollar amount of each item of unclaimed property, described by Appellant as "the value of assets."

The appeal was heard by the Records Committee on September 8, 1999. Appellant appeared in his own behalf, and presented testimony and argument. Appellee was represented by Utah State Treasurer, Edward T. Alter, and presented testimony and argument. Both parties had presented written documentation in advance of the hearing.

The State Records Committee, having reviewed the written materials submitted by the parties and having heard the testimony and argument of the parties, now issues the following decision and order:

STATEMENT OF REASONS FOR DECISION

The Appeal is denied. The indicated records are properly classified as private, and not disclosable to Appellant, under Utah Code Ann. 63-2-302(2)(b).

ORDER

WHEREFORE, it is ordered that Appellant's request for the indicated records is denied.

RIGHT TO APPEAL

The terms of this section titled "Right to Appeal" are required by statute to be included in the Order. Either party may appeal this Decision and Order to District Court. The petition for review must be filed no later than thirty (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 and 63-2-502(7). The Court is required to make its decision de novo. In order to protect rights of appeal, a party may wish to seek advice from an attorney.

Entered this 9th day of September, 1999.

Mark Fuellenbach,
Acting Chair State Records Committee