Section R35-2-2 - Scheduling and Declining Requests for Appeal Hearings(1)(a) To decline a request for a hearing under Subsection 63G-2-403(4), the Executive Secretary shall consult with the Committee Chair and at least one other member of the Committee.(b) The Committee Chair must agree with the Executive Secretary's recommendation to decline to schedule a hearing. Such a decision shall consider the potential for a public interest claim as the petitioner may put forward under Subsection 63G-2-403(11)(b).(c) The Executive Secretary's notice to the petitioner indicating that the Committee Chair declined the request for a hearing, as provided for in Subsection 63G-2-403(4)(b)(ii)(A), shall include a copy of the previous Order of the Committee holding that the records at issue are appropriately classified.(2)(a) In any appeal to the Committee of a governmental entity's denial of access to records because the record is not maintained by the governmental entity, the petitioner shall provide sufficient evidence in the petitioner's statement of facts, reasons, and legal authority in support of the appeal, that the record was maintained by the governmental entity at one time, or that the governmental entity has concealed, or has not sufficiently or has improperly searched for the record.(b) The Committee Chair shall determine whether or not the petitioner has provided sufficient evidence.(c) If the Committee Chair determines that the petitioner provided sufficient evidence, the Chair shall direct the Executive Secretary to schedule a hearing.(d) If the Committee Chair determines that the petitioner has not provided sufficient evidence, the Chair shall direct the Executive Secretary to not schedule a hearing and to inform the petitioner of the determination.(e) Evidence that a governmental entity has disposed of the record according to retention schedules is sufficient basis for the Chair to direct the Executive Secretary to not schedule a hearing.(3) To file an appeal, the petitioner must submit the following:(a) a copy of the petitioner's initial records request, or a statement of the specific records requested if a copy is unavailable to the petitioner;(b) a copy of any records appeals;(c) a copy of the final responses from the respondents containing their decisions regarding the records request and appeals; and(d) a statement of relief sought.(4)(a) If the petitioner fails to provide any of the documents under R35-2-2(3), the Executive Secretary shall notify the petitioner that until the proper information is submitted, a hearing cannot be scheduled.(b) Pursuant to Subsections 63G-2-403(2) and (4)(a), the petitioner must provide the missing information within seven days of receipt of the notice for the Executive Secretary to consider a notice of appeal filed.(5) Pursuant to Subsection 63G-2-403(1)(a), the Executive Secretary will not schedule an appeal not timely received.(6) Pursuant to Title 63G, Chapter 2, Part 7, Applicability to Political Subdivisions, the Judiciary, and the Legislature, and to Subsection 63G-2-402(1)(b), the Executive Secretary may not schedule an appeal pertaining to the Judiciary, Legislature, or to a political subdivision that has established a local appeals board that has not yet received and addressed the appeal, because it is not within the Committee's jurisdiction.(7) The Committee shall deny the request from a governmental entity to have an appeal dismissed due to lack of jurisdiction after a petitioner fails to serve notice of appeal to the governmental entity pursuant to Subsection 63G-2-403(3)(a).(8) The Executive Secretary shall report on appeals received at each regularly scheduled meeting of the Committee to provide a public record of the actions taken.(9)(a) If a Committee member has requested a discussion to reconsider the decision to decline or not schedule a hearing, the Committee may, after discussion and by a majority vote, choose to reverse the decision and hold a hearing.(b) The discussion of reconsideration is restricted to Committee members currently present, and it shall include only the following two questions:(i) whether the records requested were covered by a previous Order of the Committee; and(ii) whether the petitioner has, or is likely to, put forth a public interest claim.(c) If the Committee votes to hold a hearing, the Executive Secretary shall schedule it on the agenda of the next regularly scheduled Committee meeting.(10) The Executive Secretary shall compile and include in an annual report to the Committee a complete documented list of hearings held, withdrawn, and declined.(11)(a) A party may submit a brief statement of facts and arguments in support or against the requested relief that shall be no longer than 15 pages double-spaced.(b) The format should adhere to the Utah Rules of Civil Procedure Rule 10(d).(c) Either party may request the Chair to allow a longer statement of facts.Amended by Utah State Bulletin Number 2014-19, effective 9/16/2014Amended by Utah State Bulletin Number 2015-16, effective 7/31/2015Amended by Utah State Bulletin Number 2017-14, effective 6/22/2017Amended by Utah State Bulletin Number 2020-21, effective 10/16/2020Amended by Utah State Bulletin Number 2023-17, effective 8/23/2023Amended by Utah State Bulletin Number 2024-03, effective 1/29/2024