State Records Committee Appeal Decision 2023-24

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

DANIEL HERRERA, Petitioner, v.

DEPARTMENT OF CORRECTIONS, Respondent,

DECISION AND ORDER

Case No. 23-24

By this appeal, Daniel Herrera (“Petitioner”), requests records allegedly held by the Department of Corrections (“Respondent”).

The Utah State Records Committee (“Committee”) scheduled a hearing for January 19, 2023, for this appeal to be heard. At the hearing, Petitioner requested that the matter be continued to a later date because he was going to be released from his incarceration within a few weeks, and, upon his release, he wanted the opportunity to meet with and retain legal representation for this matter. The Respondent was given the opportunity to respond and had no objection. Finding no good reason to deny Petitioner’s request, this Committee granted a continuance to a later date.

Since then, the Committee’s executive secretary has not heard from or been able to reach Petitioner to reschedule his hearing. Given that it has been over four months with no contact from him, the Committee has moved to dismiss this appeal.

ORDER

THEREFORE, for the foregoing reasons, we order Petitioner’s appeal DISMISSED. The decision of the Respondent’s chief administrative officer in this matter stands undisturbed.

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 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 26 day of May 2023

BY THE STATE RECORDS COMMITTEE

Nancy Dean
Chair pro tem, State Records Committee