Utah Admin. Code R450-1-9 - Requests to Amend a Record

(1) An individual may contest the accuracy or completeness of a document pertaining to him pursuant to Section 63G-2-603. All such requests to amend a record shall be made in writing and include the following:

1) the requester's name, mailing address, and daytime telephone number; and 2) a brief statement explaining why DCC should amend the record. Such requests shall be made and directed to the appropriate DCC agency director as set forth below:

(a) Requests to amend records held by DCC Administration or by DCC agencies not specifically referenced below shall be addressed to the Executive Director, located at the DCC Administrative Office in Salt Lake City.

(b) Requests to amend records held by the following listed DCC agencies shall be addressed to the Executive Director, located at the main Salt Lake City office of the applicable agency:

(i) Housing and Community Development;

(ii) Office of Ethnic Affairs, which includes Asian Affairs, Black Affairs, Hispanic/Latino Affairs, and Pacific Island Affairs;

(iii) Division of Arts and Museums;

(iv) Division of Indian Affairs;

(v) Division of State History; and

(vi) Division of State Library.

(2) Adjudicative proceedings resulting from requests to amend a record shall be conducted informally. Pursuant to Section 63G-4-203, the following procedures are established by rule to govern such proceedings:

(a) The Director of a DCC agency may delegate the responsibility to respond to a request to amend a record.

(b) An individual making a request to amend a record may also request a meeting to present information or evidence. The agency Director, or designee, receiving the request shall determine whether a meeting with the petitioner will be required to fairly respond to the request.

(c) The Director, or designee, receiving a request to amend a record shall respond to the request in writing within a reasonable time following receipt of the request. In the event a meeting with the petitioner is necessary to fairly evaluate the merits of a request, a written response shall be made within a reasonable time following the conclusion of any such meeting. The response shall contain the following information:

(i) The decision reached.

(ii) The reasons for the decision.

(iii) A notice of the requester's right to appeal to the Executive Director of DCC, or designee, within 30 days of the date of the response, pursuant to Section 63G-4-301.

Notes

Utah Admin. Code R450-1-9