State Records Committee Appeal Decision 2021-19

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

SAVE OUR CANYONS, Petitioner, v.

UTAH DEPARTMENT OF TRANSPORTATION, Respondent.

DECISION AND ORDER

Case No. 21-19

By this appeal, Petitioner, Save Our Canyons, seeks access to records allegedly held by Respondent, the Utah Department of Transportation. Save Our Canyons has requested records related to the State Route 210 project in Little Cottonwood Canyon located in Salt Lake County. The State Records Committee (“Committee”) held an electronic hearing on April 8, 2021 where the parties were allowed to present their arguments. During deliberation, the Committee voted unanimously to continue the hearing in order to: (1) Allow Respondent to provide a complete set of the requested records to the Committee with Respondent’s records classifications; and (2) Allow the Committee to review these records in camera.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Save Our Canyons, 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 19th day of April 2021
BY THE STATE RECORDS COMMITTEE

_____________________________________
KENNETH R. WILLIAMS
Chair, State Records Committee