Utah Admin. Code 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.
Notes
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