§ 63G-2-402 — Appealing a decision of a chief administrative officer.

(1) If the decision of the chief administrative officer of a governmental entity under Section 63G-2-401 is to affirm the denial of a record request or to affirm the denial of a fee waiver, the requester may:
(1)(a) (1)(a)(i) appeal the decision to the director, as provided in Section 63G-2-403; or
(1)(a)(ii) petition for judicial review of the decision in district court, as provided in Section 63G-2-404;
(1)(b) seek mediation of the access denial or fee waiver denial under Subsection 63A-12-204(1)(a)(iii); or
(1)(c) appeal the decision to the local appeals board if:
(1)(c)(i) the decision is of a chief administrative officer of a governmental entity that is a political subdivision; and
(1)(c)(ii) the political subdivision has established a local appeals board.
(2) A requester who appeals a chief administrative officer's decision to the director or a local appeals board does not lose or waive the right to seek judicial review of the decision of the director or the local appeals board.
(3) As provided in Section 63G-2-403, an interested party may appeal to the director of the Government Records Office a chief administrative officer's decision under Section 63G-2-401 affirming an access denial.

Legislative History

Amended by Chapter 476, 2025 General Session