Open Records

Utah’s public records law is the Government Records Access and Management Act (GRAMA), Utah Code § 63G-2-101 et seq., enacted in 1992. It balances the public’s right to access government records with individual privacy rights and legitimate government interests in restricting certain records.

Who can request records

Any person, resident or non-resident, may request records. GRAMA applies to all governmental entities – notably including the Governor’s Office, the Judicial Branch, and the Legislative Branch, which is broader coverage than many states offer.

What’s covered

A “record” includes books, letters, documents, photographs, recordings, electronic data, and other documentary material, in any physical form, that is prepared, owned, received, or retained by a governmental entity. GRAMA is not the vehicle for federal records – a Utah Department of Natural Resources document is a GRAMA matter, but a federal Bureau of Land Management document (even if it affects Utah land) falls under federal FOIA instead, with different deadlines and procedures.

How to request

Requests must be in writing (this is required specifically to document exactly when the response clock starts). Many agencies provide an online GRAMA request portal or form. A GRAMA request should ask for specific records, not pose a question – the agency isn’t required to answer questions, only to provide existing records; it also doesn’t have to create a new record, or compile, format, or summarize information beyond its existing form.

Response timeline

Agencies must respond as soon as reasonably possible, but no later than 10 business days. If a requester makes an expedited request (showing that speed benefits the public rather than just themselves), the agency must affirm or deny expedited treatment within 5 business days, and if granted, respond within that same 5-business-day window. If extraordinary circumstances apply, the agency must notify the requester and provide a projected date when records will be available, following the extended-response provisions in the statute.

Fees

– Filing a GRAMA request itself is always free. – Many agencies provide a free allotment (commonly the first 10-15 minutes or first several free copies) before charging. – Beyond that, agencies may charge the actual cost of providing records – direct administrative costs and staff time for search, retrieval, and duplication (per § 63G-2-203). – Common copy rates: around $0.25/page black-and-white, $0.50/page color. – If fees are expected to exceed $50, a deposit may be required before processing begins. – Fee waivers can be requested and are handled case by case.

Exemptions

GRAMA classifies records into public, private, controlled, and protected categories – records in the latter three are restricted from general public access. Utah’s legislature significantly narrowed GRAMA in 2011 via HB477 (exempting electronic communications and the Legislature itself), then reversed course and repealed that law within two weeks after public backlash – a notable episode in the law’s history worth knowing, since it illustrates how actively contested records access remains in Utah.

If your request is denied

A requester has 30 days after receiving a denial (or after the agency’s failure to respond within the required window) to appeal to the governmental entity’s chief administrative officer. Further appeal to the State Records Committee, and then to district court, is available if the internal appeal doesn’t resolve the dispute.

A note on terminology

Utah’s law is officially the “Government Records Access and Management Act” (GRAMA) – the same basic type of law that other states call an “Open Records Act,” “FOIA Laws” (South Carolina), or “Public Records Laws” (Tennessee).