Government & Rights
· Updated

Utah GRAMA Request Denied? How to Appeal to the Agency Head and the Government Records Office

General information, not legal advice. Read the full disclaimer.

Short answer: If a Utah government agency denies your records request — or doesn't respond in time, which counts as a denial (Utah Code § 63G-2-204(9)) — you may appeal by filing a notice of appeal with the agency's chief administrative officer within 30 days after the denial notice or the deemed denial (§ 63G-2-401(1)). The chief administrative officer must decide within 10 business days (or 5 if you show an expedited decision benefits the public); failing to decide counts as affirming the denial. If the denial is affirmed, you may appeal to the director of the Government Records Office (notice of appeal within 30 days after the decision issued), petition for judicial review in district court, seek mediation through the government records ombudsman, or, if the agency is a political subdivision with a local appeals board, appeal there (§§ 63G-2-402, -403). The same 30-day appeal applies to a denied fee waiver.

Who this guide is for

Anyone whose GRAMA request was denied, delayed, or priced out of reach. See first How to Make a GRAMA Request. This guide describes the statutory steps; deadlines are strict, so calendar them. General information, not legal advice.

Step 1 — Appeal to the chief administrative officer (§ 63G-2-401)

  • Deadline: 30 days after (a) the agency sends a notice of denial, (b) the request is deemed denied for lack of a timely response, or (c) a fee waiver is denied.
  • Delay claims: if the agency claims "extraordinary circumstances" and you think they don't exist or the date is unreasonable, you can appeal that within 30 days of the notice, even without a denial.
  • Contents of your notice: your name, mailing address, daytime phone and the relief you want. You may add a short statement of facts, reasons and legal authority.
  • Decision time: 10 business days from receipt (5 if you show an expedited decision benefits the public). If no decision, it's treated as affirming the denial.
  • Weighing: the chief administrative officer may order disclosure of information classified as private or protected if the interests favoring access are greater than or equal to those favoring restriction (§ 63G-2-401(6)), with exceptions.
  • Notice: the agency must send written notice of the decision to all participants.

Step 2 — If the denial is affirmed (§ 63G-2-402)

You can choose among:

  1. Appeal to the director of the Government Records Office (§ 63G-2-403), or
  2. Petition for judicial review in district court (§ 63G-2-404), or
  3. Mediation by the government records ombudsman, or
  4. If a political subdivision has a local appeals board, appeal there.

Appealing to the director or a local board does not waive your right to judicial review of that later decision.

The Government Records Office appeal (§ 63G-2-403)

  • Deadline: notice of appeal filed with the director no later than 30 days after the decision being appealed was issued. If the chief administrative officer fails to decide an extraordinary-circumstances appeal, you may file within 45 days of the request.
  • Mediation tolls the clock: the time to file is suspended while the government records ombudsman is mediating.
  • What to file: name, address, phone, a copy of the decision being appealed, and the relief sought; serve a copy on the agency the same day.
  • Hearing: the director schedules a hearing at the next regularly scheduled hearing date at least 16 calendar days, and no more than 64 calendar days, after the notice of appeal (expedited hearings may be available).

Tips

  1. Calendar both 30-day deadlines.
  2. Appeal even if the agency says "it's confidential"; the agency must explain its legal basis.
  3. Keep a paper trail: your request, the denial, the notice of appeal, and proof of delivery.
  4. Narrow the request if the denial was about breadth or cost.
  5. Get help. See How to Find Free or Low-Cost Legal Help in Utah. Consider the ombudsman's mediation to avoid a formal appeal.
  6. Open meetings issues are separate; see Utah Open Meetings Act.

Frequently asked questions

How long do I have to appeal a GRAMA denial?

30 days to the agency's chief administrative officer; then 30 days to the Government Records Office director after that decision.

What if the agency never answers?

Failure to respond on time is treated as a denial; appeal within 30 days.

Can I go straight to court?

Not first: you appeal to the chief administrative officer, and after that decision you may petition the district court or appeal to the director.

Is mediation available?

Yes. The government records ombudsman can mediate, and the time to appeal to the director is suspended while mediation is pending.