Module 4: Appeals

• Home
• Module 1: General Provisions
  • Section 1.1: Legislative intent
  • Section 1.2: Defintions
  • Section 1.3: Security measures
  • Section 1.4: Disclosure of records
• Module 2: Access to Records
  • Section 2.1: Records requests
  • Section 2.2: Right to inspect records
  • Section 2.3: Access to private, controlled, and protected records
  • Section 2.4: Fees
  • Section 2.5: Denials
  • Section 2.6: Sharing records
  • Section 2.7: Subpoenas
• Module 3: Classification
  • Section 3.1: Records that must be disclosed
  • Section 3.2: Private records
  • Section 3.3: Controlled records
  • Section 3.4: Protected records
  • Section 3.5: Designation and classification
  • Section 3.6: Segregation of records
  • Section 3.7: Confidentiality claims
  • Section 3.8: Records made public after 75 years
• Module 4: Appeals
  • Section 4.1: Appeal to head of governmental entity
  • Section 4.2: Evidentiary standards
  • Section 4.3: Option for appealing denial
  • Section 4.4: Appeals to the records committee
  • Section 4.5: Judicial review
• Module 5: Political Subdivisions, the Judiciary, and the Legislature
• Module 6: Other provisions in GRAMA
• Download GRAMA law
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Section 4.4 Appeals to the records committee

Petitions for appeals to the records committee must be made to the executive secretary of the records committee, who is familiar with all aspects of the requirements for appeal. However, records officers should review the provisions regarding appeals to the records committee to understand the governmental entity’s responsibilities.

The petitioner must send a copy of the appeal to the governmental entity on the same day the appeal is filed with the records committee. (Subsection (3)) This is so the governmental entity is aware of the appeal and can prepare. If the executive secretary of the records committee schedules a hearing, she will send a notice of the hearing, the appeal and statement of facts to all participating parties, including the governmental entity. (Subsection (4))

The governmental entity is required to send its statement of facts, reasons, and legal authority in support of the governmental entity’s position to the executive secretary and the petitioner no later than five days before the hearing. (Subsection (5))

63G-2-403. Appeals to the records committee.
. . . .(5) (a) A written statement of facts, reasons, and legal authority in support of the governmental entity's position must be submitted to the executive secretary of the records committee not later than five business days before the hearing.
(b) The governmental entity shall send a copy of the written statement to the petitioner by first class mail, postage prepaid. The executive secretary shall forward a copy of the written statement to each member of the records committee.

The records committee’s administrative rules, Title R35. Administrative Services, Records Committee, govern its proceedings. If a governmental entity is involved in a hearing before the records committee, it should review them.

The committee will hear statements and testimony from each party and will draft the substance of its decision and order in the hearing. If the records committee orders release of the records, the governmental entity has 30 [calendar] days to either comply with the order and submit a notice of compliance with the executive secretary, or appeal to district court. If the records committee upholds the restricted classification, the petitioner may petition the court within 30 [calendar] days. (Subsections (8, 12, 14))

The entire requests and appeals process and the respective time frames can be seen in the table below:

Government to respond to a GRAMA request	As soon as reasonably possible but no more than 10 business days	63G-2-204(3)
Government to affirm or deny request for expedited response	No more than 5 business days	63G-2-204(3)
Government to respond to expedited GRAMA request	No more than 5 business days	63G-2-204(3)
Government to respond if extraordinary circumstances	As soon as reasonably possible and according to additional details outlined in the law; notify when records will be available	63G-2-204(6)
Requester to appeal denial to chief administrative officer	Within 30 days after receiving notice of denial or if the governmental entity fails to respond	63G-2-401(1) 63G-2-204(8)
Chief administrative officer to respond to appeal	No more than 5 business days or 12 business days if business confidentiality is involved; by agreement parties may extend the time period	63G-2-401(5)
Requester to appeal the denial of the chief administrative officer to the state records committee.	Within 30 days after receiving response or 45 days after appeal if chief administrative officer did not respond (requestor may choose to appeal in district court instead)	63G-2-403(1)
Requester to notify government of intent to appeal	On same day as request for State records committee hearing	63G-2-403(3)
State records committee executive secretary to schedule hearing	Within 5 business days after receiving request	63G-2-403(5)
Date of hearing	Not less than 14 days or more than 52 days after request for hearing	63G-2-403(4)
Government to provide statement of facts supporting government position	Not later than 5 business days before hearing	63G-2-403(5)
State records committee to issue a decision and order	Within 7 business days after the hearing	63G-2-403(11)
Government to comply with order to produce records or either party may appeal state records committee decision in district court	Within 30 days after the date of the state records committee’s order	63G-2-404(1)

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