§ 63G-4-106 — Access to information on state-controlled websites.

(1) As used in this section and Sections 63G-4-107 and 63G-4-108:

(1)(a) "Administrative disciplinary action" means, subject to the limitations described in Section 63G-4-102, state agency action against the interest of an individual that affects a legal right, duty, privilege, immunity, or other legal interest of an individual, including agency action to deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license.
(1)(b) "Record of administrative disciplinary action" means a notice, request, complaint, report, order, or other information related to an administrative disciplinary action.
(1)(c) "State-controlled website" means a website:
(1)(c)(i) operated by:

(1)(c)(i)(A) an agency; or
(1)(c)(i)(B) a third party pursuant to a contract with an agency under which the agency controls the data available to the public; and
(1)(c)(ii) that includes personally identifiable information.
(2) Unless otherwise required by federal law, if an agency maintains, on a state-controlled website available to the public, a record of administrative disciplinary action, the agency shall remove the record of administrative disciplinary action from public access on the state-controlled website by no later than 10 years from the date:

(2)(a) a final order related to the administrative disciplinary action was issued; or
(2)(b) the administrative disciplinary action was commenced, if no final order was issued related to the administrative disciplinary action.
(3) Notwithstanding Subsection (2):

(3)(a) a record of administrative disciplinary action issued in accordance with this chapter shall maintain its record classification pursuant to Subsection 63G-2-301(2)(c) or (3)(t); and
(3)(b) a person may make a request for the record of administrative disciplinary action in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.

Legislative History

Enacted by Chapter 312, 2016 General Session