Section R638-1-3 - General Provisions(1) It is the policy of the Survey and the Board that unless otherwise specified in R638-1-4(1)(b) through R638-1-4(1)(c), this rule shall be interpreted liberally in favor of public disclosure of information maintained by the Survey. Further, all of the Survey's conclusions and recommendations on geoscience matters will be made available to the public in accordance with this rule and with Title 63G, Chapter 2, Government Records Access and Management Act.(2) The Director is the custodian of Survey records.(3) The Director will report regularly to the Board concerning the following: the types of information received by the Survey as confidential; the frequency and nature of requests for access to or usage of Survey information which has not yet been made public; and determinations including reasons for not accepting information. The Board will hear appeals of decisions made by the Director and may override the Director but no Board action shall in any way jeopardize the level of confidentiality assigned by the source.(4) The Director has the authority to refuse information that has been offered to the Survey if it appears to be not in the best interest of the state or the Survey. Without disclosing the confidentiality of the offered information, the Director may consult with the governor in exercising this authority. (5) Information will be maintained according to the source-designated level of Category B or C as defined in Section R638-1-4. The Director will sign all documents pertaining to confidentiality.(6) Information can be declassified only by written direction from the source or at the expiration period for confidentiality agreed upon by the source and the Survey.(7) Unless otherwise directed by the source, access to confidential information by Survey employees must be approved in writing by the Geologic Program Manager supervising the individual requesting access and by the Director.(8) Requests for information from outside the Survey must be in writing with a description of the records requested. The Survey will have 30 days to respond. If the information requested is determined to be confidential, the Survey must state the reason for the determination. A denial of access to confidential information may be appealed to the Board.(9) To obtain information the Survey deems necessary or desirable from the federal government concerning Utah geoscience, the Director may establish procedures deemed necessary by the federal source to maintain confidentiality consistent with relevant federal and state law.Utah Admin. Code R638-1-3
Amended by Utah State Bulletin Number 2021-21, effective 10/20/2021