Current through Bulletin No. 2024-21, November 1, 2024
Section R35-4-2 - Notices of Compliance(1) The Executive Secretary of the Committee shall send an Order of the Committee by mail to the petitioner and to the governmental entity ordered to produce records.(2) Pursuant to Subsection 63G-2-403(15)(a), each governmental entity ordered by the Committee to produce records shall file with the Executive Secretary either a notice of compliance, or a copy of the appellant's notice of intent to appeal the Committee Order, no later than the 30th day following the date of the Committee Order.(3) The notice of compliance shall contain a statement, signed by the head of the governmental entity, that the records ordered to be produced have been delivered to the petitioner, and shall state the method and date of delivery.(4) In the event a governmental entity fails to file a notice of compliance or a copy of the appellant's notice of intent to appeal the Committee Order within the time frame specified, the Committee shall send written notice of the entity's noncompliance to the governor.(5)(a) The Committee may also impose a civil penalty of up to $500 for each day of continuing noncompliance, but only after holding a discussion of the matter at issue, and obtaining a majority vote at a regularly scheduled Committee meeting.(b) The non-complying governmental entity shall be heard at that meeting if the entity requests to comment, with discussion being limited specifically to reasons for the noncompliance.(c) Any civil penalty imposed shall be retroactive to the first date of noncompliance.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 2020-16, effective 8/7/2020Amended by Utah State Bulletin Number 2023-17, effective 8/23/2023