State Records Committee Appeal 01-01

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

GORDON THOMAS, Appellant, vs.

UTAH DEPARTMENT OF CORRECTIONS, Appellee. DECISION AND ORDER

Case No. 01-01

By this appeal, Gordon Thomas seeks an order compelling Appellee, the Utah Department of Corrections ("Corrections"), to provide a list of sex offenders currently housed in the prison. The Committee and Appellee made arrangements to allow Mr. Thomas to represent himself at the hearing via teleconference. Prior to the hearing, he indicated to Corrections personnel that he did not wish to proceed.

The State Records Committee, having reviewed the materials submitted by the parties, now issues the following Decision and Order.

STATEMENT OF REASONS FOR DECISION

The appeal is dismissed without prejudice. Appellant indicated to Corrections personnel that he did not wish to proceed on February 14, 2001, the date the Committee scheduled for his appeal. Mr. Thomas failed to provide the Committee with an explanation as to why he chose not to proceed. He also failed to request that the Committee reschedule the hearing for a later date. Absent some showing that he was unable to proceed on the scheduled date due to matters beyond his control, future requests from Mr. Thomas for the records that are the subject of this appeal are hereby denied. See Utah Code Ann. 63-2-403(3)(b).

ORDER

WHEREFORE, IT IS ORDERED THAT Appellant's appeal is dismissed without prejudice. Future requests by Mr. Thomas for the records at issue in this appeal are subject to the limitations described herein.

RIGHT TO APPEAL

Either party may appeal this Decision and Order to the 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. 63-2-402 and -404(2000). The court is required to make its decision de novo. In order to protect its rights on appeal, a party may wish to seek advice from an attorney.

Entered this 21st day of February, 2001.

BY THE STATE RECORDS COMMITTEE

Cherie Willis, Chairperson
State Records Committee