Utah Admin. Code R35-1-5 - Issuing the Committee Decision and Order
(1) The Committee may issue the following
Orders:
(a) grant the petitioner's appeal in
whole or in part;
(b) deny the
petitioner's appeal in whole or in part;
(c) continue the hearing to a later
date;
(d) deny or allow a vexatious
requester hearing;
(e) declare a
person a vexatious requester; or
(f) require a governmental entity to make
redactions in the record, remove redactions, or take other action necessary to
carry out the Decision and Order.
(g) default in favor of one party due to the
lack of attendance of the other party.
(2) In its Orders, the Committee may, as
needed to comply with Subsection
63G-2-403(12)(a),
cite to and analyze legal authority not voiced in its deliberations as long as
the cited authority supports the dispositive motion the Committee voted upon in
the hearing.
(3)
(a)
(i) The
Committee Chair or Chair pro tem shall sign the Decision and Order;
and
(ii) the Executive Secretary
shall distribute the Decision and Order within seven business days after the
hearing.
(b) The
Executive Secretary shall distribute copies of each Decision and Order to the
petitioner, the governmental entity, and other interested parties. The
Committee shall maintain the original Order.
(4) The Committee shall make a copy of the
Decision and Order available for public access on the Utah State Archives
website.
(5) Before either party
appeals an Order pursuant to Section
63G-2-404, the Committee may
withdraw its Order by delivering notice to the parties of the withdrawal. Upon
the withdrawal, the Executive Secretary shall add the withdrawn Order to the
agenda of the next regularly scheduled public Committee meeting.
Notes
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