Appealing a decision of a chief administrative officer.
Checkout our iOS App for a better way to browser and research.
(1) If the decision of the chief administrative officer of a governmental entity under Section 63G-2-401 is to affirm the denial of a record request, the requester may:
(a)
(i) appeal the decision to the State Records Committee, as provided in Section 63G-2-403; or
(ii) petition for judicial review of the decision in district court, as provided in Section 63G-2-404; or
(b) appeal the decision to the local appeals board if:
(i) the decision is of a chief administrative officer of a governmental entity that is a political subdivision; and
(ii) the political subdivision has established a local appeals board.
(2) A requester who appeals a chief administrative officer's decision to the State Records Committee or a local appeals board does not lose or waive the right to seek judicial review of the decision of the State Records Committee or local appeals board.
(3) As provided in Section 63G-2-403, an interested party may appeal to the State Records Committee a chief administrative officer's decision under Section 63G-2-401 affirming an access denial.