Utah Code » Title 63G, Chapter 2 — Government Records Access and Management Act; part 63G-2-4 — Appeals
Utah Code

Utah Code § 63G-2-402 (2026)

Appealing a decision of a chief administrative officer

✓ current as of May 2026
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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 or to affirm the denial of a fee waiver, the requester may:
appeal the decision to the director, as provided in Section 63G-2-403; or
petition for judicial review of the decision in district court, as provided in Section 63G-2-404;
seek mediation of the access denial or fee waiver denial under Subsection 63A-12-204(1)(a)(iii); or
appeal the decision to the local appeals board if:
the decision is of a chief administrative officer of a governmental entity that is a political subdivision; and
the political subdivision has established a local appeals board.
A requester who appeals a chief administrative officer's decision to the director or a local appeals board does not lose or waive the right to seek judicial review of the decision of the director or the local appeals board.
As provided in Section 63G-2-403, an interested party may appeal to the director of the Government Records Office a chief administrative officer's decision under Section 63G-2-401 affirming an access denial.
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2011–2021 · leading case: Salt Lake City Corp. v. Haik, 2014 UT App 193 (Utah Ct. App. 2014).
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Salt Lake City Corp. v. Haik, 2014 UT App 193 (Utah Ct. App. 2014). · cites it 8× “Section 63G-2-402 provides that if the chief administrative officer of a governmental entity denies a records request, the requester may appeal the denial to the records committee or "petition for judicial review in district court as provided in Section 63G-2-404.”
McKitrick v. Gibson, 2021 UT 48 (Utah 2021). “§ 63G-2-402(3). ¶30 Here, Ogden City’s chief administrative officer affirmed the city’s access denial.”
Monarrez v. Utah Dep't of Transp., 2014 UT App 219 (Utah Ct. App. 2014). · cites it 2× “, the failure shall be considered the equivalent of an order denying the appeal.”
Salt Lake City Corp. v. Jordan River Res., 2018 UT 62 (Utah 2018). “§§ 63G-2-402, -404. JRRN points to section 402(1) as limiting the City's right to appeal because it specifies that a "requester" may petition for judicial review if a chief administrative officer of a governmental entity denies a records request.”
Williams v. Dep't of Corr., 2011 UT App 280 (Utah Ct. App. 2011). · cites it 2× “See Utah Code Ann. § 63G-2-402(1) (2008). The requester may "appeal the denial to the records committee" or "petition for judicial review in district court," id.”
— Utah Code § 63G-2-402(1) — 2 cases
Salt Lake City Corp. v. Haik, 2014 UT App 193 (Utah Ct. App. 2014). “Section 63G-2-402 provides that if the chief administrative officer of a governmental entity denies a records request, the requester may appeal the denial to the records committee or "petition for judicial review in district court as provided in Section 63G-2-404.”
Williams v. Dep't of Corr., 2011 UT App 280 (Utah Ct. App. 2011). “See Utah Code Ann. § 63G-2-402(1) (2008). The requester may "appeal the denial to the records committee" or "petition for judicial review in district court," id.”
— Utah Code § 63G-2-402(1)(b) — 2 cases
Monarrez v. Utah Dep't of Transp., 2014 UT App 219 (Utah Ct. App. 2014). “, the failure shall be considered the equivalent of an order denying the appeal.”
Salt Lake City Corp. v. Haik, 2014 UT App 193 (Utah Ct. App. 2014). “Section 63G-2-402 provides that if the chief administrative officer of a governmental entity denies a records request, the requester may appeal the denial to the records committee or "petition for judicial review in district court as provided in Section 63G-2-404.”
— Utah Code § 63G-2-402(3) — 1 case
McKitrick v. Gibson, 2021 UT 48 (Utah 2021). “§ 63G-2-402(3). ¶30 Here, Ogden City’s chief administrative officer affirmed the city’s access denial.”
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