Module 2: Access to Records

Section 2.5 Denials (63G-2-205)

When denying access, either in whole or in part, a governmental entity must provide a written notice of denial. The notice of denial must contain the following information: (Subsection (2))

63G-2-205. Denials.
. . . . (2) The notice of denial shall contain the following information:
  • (a) a description of the record or portions of the record to which access was denied, provided that the description does not disclose private, controlled, or protected information or information exempt from disclosure under Subsection 63G-2-201(3)(b);
  • (b) citations to the provisions of this chapter, court rule or order, another state statute, federal statute, or federal regulation that exempt the record or portions of the record from disclosure, provided that the citations do not disclose private, controlled, or protected information or information exempt from disclosure under Subsection 63G-2-201(3)(b);
  • (c) a statement that the requester has the right to appeal the denial to the chief administrative officer of the governmental entity; and
  • (d) the time limits for filing an appeal, and the name and business address of the chief administrative officer of the governmental entity.

A description of the records should state what the record is, but not release the restricted information to which access is being denied. Additionally, the denial might be for records with different content and different classifications or for a record that contains both public information and restricted information. Therefore, citations for each provision must be provided and the public information must be provided by segregating the restricted information out of the record.

A governmental entity may not destroy or give up custody of records involved in a denial until the period for an appeal has expired or the end of the appeals process. (Subsection (3))

63G-2-205. Denials.
. . . .(3) Unless otherwise required by a court or agency of competent jurisdiction, a governmental entity may not destroy or give up custody of any record to which access was denied until the period for an appeal has expired or the end of the appeals process, including judicial appeal.