A. Upon receipt of a records request notice of denial from the city recorder, a person may appeal such denial to the Ogden City records review board.
B. The appellant shall complete the notice of appeal section on the records request notice of denial form, and submit the form to the Ogden City recorder within thirty (30) calendar days of the date of the denial, either by mail or in person. The notice of appeal may include a short statement of facts, reasons, and legal authority in support of the appeal.
C. No later than three (3) business days from receipt of a notice of appeal, the city recorder will schedule a hearing before the records review board to be held no sooner than fifteen (15) days and no later than thirty (30) days from the date of the appeal filing.
D. The records review board will make a determination of any appeal within five (5) business days after the hearing, and shall issue a signed order whether granting the petition, in whole or in part, or upholding the initial determination by the city. The order of the records review board will include the following: 1) a statement of reasons for the decision; 2) a description of the record or portions of the record to which access was ordered or denied, provided that the description does not disclose private, controlled, or protected information; 3) a statement that any party to the appeal may appeal the decision of the records review board to district court within thirty (30) days after the date of the order; and 4) a brief summary of the appeal and a notice that, in order to protect its right on appeal, the party may wish to seek advice from an attorney.
E. Appeals to the final decision of the records review board can be made to the district court. (Eff. 3-14-2007)