Utah Admin. Code R638-1-4 - Procedures

(1) Geoscience information will be categorized as follows:

(a) Category A information is public and not maintained as confidential, including:

(i) Survey publications;

(ii) Survey open-file reports;

(iii) Survey web pages, databases, and online applications;

(iv) samples and core accepted for storage; and

(v) unpublished hard-copy and electronic internal records unless otherwise covered in Category B.

(b) Category B information is temporarily withheld from the public until made available by open -filing or publication of the information.

(i) Information categorized as Category B includes:

(A) predecisional documents leading to a geoscientific explanation or publication;

(B) manuscripts received from non-Survey sources; and

(C) geoscientific information and conclusions drawn by the Survey that have been contracted or legislatively mandated for other state agencies.

(ii) Determination for Category B information will be made by the Director based upon:

(A) a likelihood that premature release would result in a competitive advantage or disadvantage to an individual or organization;

(B) a likelihood that premature release would result in misuse or harm the public; or

(C) a judgement that premature release would compromise the Survey's ability to analyze data, or complete and make public the conclusions of a project in a timely manner.

(iii) Category B information may be open-filed at any time by the Director.

(c) Category C information is not to be made available to the public except under terms and conditions agreed upon at the time of its acceptance, including:

(i) information given to the Survey by other governmental agencies and classified as confidential by them;

(ii) information given to the Survey by private individuals or organizations and classified as confidential by them; and

(iii) information purchased by the Survey with the understanding that it will be maintained as confidential.

(2) Geoscience information designated confidential will be recorded as received by the Survey at the requested level of confidentiality. Hard-copy documents will be stored in locked files with controlled access. Electronic documents will be stored and accessed in accordance with electronic records management best practices.

Notes

Utah Admin. Code R638-1-4

Amended by Utah State Bulletin Number 2021-21, effective 10/20/2021