Utah Admin. Code R698-4-5 - Methods for Obtaining, Review, Use, and Protection of Records

(1) A private law enforcement agency shall provide records requested by the commissioner or the commissioner's designee in accordance with Section 53-19-202.

(2) A request for records shall be:

(a) in writing;

(b) sent via email or first class mail to the chief of the private law enforcement agency;

(c) describe with specificity the records subject to the request; and

(d) specify the deadline for producing the records, which shall be not less than 30 days from the date of the request.

(3) The commissioner or the commissioner's designee shall ensure that records obtained from a private law enforcement agency are subject to the same restrictions on disclosure imposed by the originating entity.

(4) Records obtained from a private law enforcement agency shall be reviewed by the commissioner or the commissioner's designee and may be used in connection with:

(a) an audit;

(b) an investigation being conducted by the commissioner or the commissioner's designee; or

(c) an administrative proceeding in which the commissioner is a party.

(5) The commissioner may issue subpoenas for records and witnesses in connection with an audit or an investigation.

(6) Objection to a subpoena issued by the commissioner shall be made pursuant to Rule 45 of the Utah Rules of Civil Procedure.

Notes

Utah Admin. Code R698-4-5

Adopted by Utah State Bulletin Number 2022-01, effective 12/27/2021