Utah Admin. Code 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.
Notes
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