State Records Committee Appeal Decision 2021-13

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

SANDRA GUZMAN-OCHOA, Petitioner, v.

UTAH DIVISION OF CHILD AND FAMILY SERVICES, Respondent.

DECISION AND ORDER

Case No. 21-13

By this appeal, Petitioner, Sandra Guzman-Ochoa, seeks access to records allegedly held by Respondent, the Utah Division of Child and Family Services. After hearing arguments from the parties at a hearing held electronically on March 11, 2021, it was determined by the Committee that a continuance would be helpful to the parties in order to allow: (1) Respondent to review the requested records and determine whether some of those records can be released to Ms. Guzman-Ochoa; and (2) The parties to work with the Government Records Ombudsman.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Sandra Guzman-Ochoa, is hereby CONTINUED.

RIGHT TO APPEAL

A party to a proceeding before the Committee may seek judicial review in District Court of a Committee's Order by filing a petition for review of the Committee Order as provided in Utah Code § 63G-2-404. Utah Code § 63G-2-403(14). A petition for judicial review of a Committee Order "shall be filed no later than 30 days" after the date of the Committee Order. Utah Code § 63G-2-404(1)(a). The petition for judicial review must be a complaint which is governed by the Utah Rules of Civil Procedure and include the Committee as a necessary party and contain the required information listed in Subsection -404(2). Utah Code § 63G-2-404(1) & (2). The court shall make its decision de novo but shall allow introduction of evidence presented to the Committee, determine all questions of fact and law without a jury, and decide the issue at the earliest practical opportunity. Utah Code § 63G-2-404(6). In order to protect a parties’ rights on appeal, a party may wish to seek advice from an attorney.

PENALTY NOTICE

Pursuant to Utah Code § 63G-2-403(15)(c), if the Committee orders the governmental entity to produce a record and no appeal is filed, the government entity herein shall comply with the order of the Committee and shall: (1) Produce the record; and (2) File a notice of compliance with the Committee. If the governmental entity ordered to produce a record fails to file a notice of compliance or a notice of intent to appeal, the Committee may do either or both of the following: (1) Impose a civil penalty of up to $500 for each day of continuing noncompliance; or (2) Send written notice of the entity's noncompliance to the Governor. Utah Code § 63G-2-403(15)(d)(i)(B). In imposing a civil penalty, the Committee shall consider the gravity and circumstances of the violation, including whether the failure to comply was due to neglect or was willful or intentional. Utah Code § 63G-2-403(15)(d)(ii).

Entered this 22 day of March 2021

BY THE STATE RECORDS COMMITTEE

_____________________________________
KENNETH R. WILLIAMS
Chair, State Records Committee