(1) The determinations or weighing of interests permitted or required under the following sections by a "governmental entity" or the "head of a governmental entity" shall be made by the division director which has custody or control of the records, or his designee:
- (a) Subsection 63G-2-201 (5) (b), which governs disclosure of certain private or protected records;
- (b) Section 63G-2-309, which governs business confidentiality claims;
- (c) Subsection 63G-2-202 (8), which governs disclosure for research purposes; and
- (d) Subsection 63G-2-201 (11) (a), which governs intellectual property rights.
- (2) The "chief administrative officer of the governmental entity" for purposes of appeals under Sections 63G-2-401 and 63G-2-603 shall be the Executive Director of the Department of Commerce or the Executive Director's designee.
KEY: government documents, freedom of information, public records
Date of Last Change: June 19, 2025
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63G-2-603; 63A-12-104(2)