§ 63A-12-204 — Government records ombudsman.

(1) (1)(a) The government records ombudsman, appointed under Section 63A-12-202, shall:
(1)(a)(i) be familiar with the provisions of Title 63G, Chapter 2, Government Records Access and Management Act;
(1)(a)(ii) serve as a resource for a person who is making or responding to a records request or filing an appeal relating to a records request; and
(1)(a)(iii) upon a request from a requester or responder, and with the consent of both the requester and responder, mediate a dispute between a requester and responder, including a dispute between a requester and a governmental entity regarding the governmental entity's access denial, as defined in Section 63G-2-400.5.
(1)(b) (1)(b)(i) Before the conclusion of a mediation under Subsection (1)(a)(iii), a requester or responder may withdraw consent for the mediation.
(1)(b)(ii) If a requester or responder withdraws consent under Subsection (1)(b)(i), the government records ombudsman shall, in accordance with Subsection (3)(a)(ii), certify that the mediation was not concluded because of a lack of the required consent.
(2) The government records ombudsman may not testify, or be compelled to testify, regarding a matter for which the government records ombudsman provides services under this section:
(2)(a) in an appeals proceeding described in Title 63G, Chapter 2, Part 4, Appeals; or
(2)(b) before an administrative body or a court.
(3) Upon the conclusion of a mediation described in Subsection (1)(a)(iii), or upon the government records ombudsman's determination that the required consent for the mediation is lacking, the government records ombudsman shall:
(3)(a) certify in writing that the mediation:
(3)(a)(i) is concluded; or
(3)(a)(ii) did not take place or was not concluded because of a lack of the required consent; and
(3)(b) provide a copy of the written certification to the requester and the responder.

Legislative History

Renumbered and Amended by Chapter 476, 2025 General Session