Utah Admin. Code R131-4-411A - Protected Records
(1) General
Classification. Records submitted to the board or the executive director in a
procurement process are classified as public unless a different classification
is determined in accordance with Title 63G, Chapter 2, Government Records
Access and Management Act.
(2)
Protected Records. Records meeting the requirements of Section
63G-2-305 will
be treated as protected records if the procedural requirements of GRAMA are
met. Examples of protected records include the following:
(b) commercial
information or nonindividual financial information if the requirements of
Subsection
63G-2-305(2) and
R131-4-411 A(3) are met; and
(c) records the
disclosure of which would impair governmental procurement proceedings or give
an unfair advantage to any person proposing to enter into a contract with the
board, including, but not limited to, those records for which such a
determination is made in R131-4 or R131-1.
(3) Requests for Protected Status. Persons
who believe that a submitted record, or portion thereof, should be protected
under the classifications listed in
R131-4-411 A(2)(a) and R131-4-411A(2)(b) shall provide with the record a written claim of
business confidentiality and a concise statement of reasons supporting the
claim of business confidentiality. Such statements must address each portion of
a document for which protected status is requested.
(4) Notification. A person who complies with
R131-4-411A shall be notified by the executive director prior to the executive
director's public release of any information for which business confidentiality
has been asserted.
(5) Disclosure
of Records and Appeal. The records access determination and any further appeal
of such determination shall be made in accordance with the provisions of
Sections
63G-2-309
and
63G-2-401
et seq., GRAMA.
(6) Not Limit
Rights. Nothing in this rule shall be construed to limit the right of the board
or executive director to protect a record from public disclosure where such
protection is allowed by law.
Notes
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