Requests for public records must be made directly to the entity holding the records in question. For example, an individual requesting public records from the Utah Attorney General must submit that request to the attorney general's office.[1]
The Utah Government Records Access and Management Act, found in Utah Code 63G-2, says the following:[2]
“
A person making a request for a record shall submit to the governmental entity that retains the record a written request containing:
(i) the person's:
(A) name;
(B) mailing address;
(C) email address, if the person has an email address and is willing to accept communications by email relating to the person's records request; and
(D) daytime telephone number; and
(ii) a description of the record requested that identifies the record with reasonable specificity.[3]
”
Purpose and use
Utah does not require a statement of purpose to request records and does not place any restrictions on the use of records.
Anyone may request public records in Utah. According to Utah Code 63G-2-201, "Except as provided in Subsection (1)(b), a person has the right to inspect a public record free of charge, and the right to take a copy of a public record during normal working hours, subject to Sections 63G-2-203 and 63G-2-204."[4]
Utah is among 42 states that do not require individuals requesting public records to be state residents.
Utah law allows public entities to charge a fee to cover the cost of responding to a records request. According to Utah Code 63G-2-203:[5]
“
(1)
(a) Subject to Subsection (5), a governmental entity may charge a reasonable fee to cover the governmental entity's actual cost of providing a record.
(b) A fee under Subsection (1)(a) shall be approved by the governmental entity's executive officer.
(2)
(a) When a governmental entity compiles a record in a form other than that normally maintained by the governmental entity, the actual costs under this section may include the following:
(i) the cost of staff time for compiling, formatting, manipulating, packaging, summarizing, or tailoring the record either into an organization or media to meet the person's request;
(ii) the cost of staff time for search, retrieval, and other direct administrative costs for complying with a request; and
(iii) in the case of fees for a record that is the result of computer output other than word processing, the actual incremental cost of providing the electronic services and products together with a reasonable portion of the costs associated with formatting or interfacing the information for particular users, and the administrative costs as set forth in Subsections (2)(a)(i) and (ii).
(b) An hourly charge under Subsection (2)(a) may not exceed the salary of the lowest paid employee who, in the discretion of the custodian of records, has the necessary skill and training to perform the request.
(3)
(a) Fees shall be established as provided in this Subsection (3).
(b) A governmental entity with fees established by the Legislature:
(i) shall establish the fees defined in Subsection (2), or other actual costs associated with this section through the budget process; and
(ii) may use the procedures of Section 63J-1-504 to set fees until the Legislature establishes fees through the budget process.
(c) Political subdivisions shall establish fees by ordinance or written formal policy adopted by the governing body.
(d) The judiciary shall establish fees by rules of the judicial council.
(4) A governmental entity may fulfill a record request without charge and is encouraged to do so if it determines that:
(a) releasing the record primarily benefits the public rather than a person;
(b) the individual requesting the record is the subject of the record, or an individual specified in Subsection 63G-2-202(1) or (2); or
(c) the requester's legal rights are directly implicated by the information in the record, and the requester is impecunious.
(5)
(a) As used in this Subsection (5), "media representative":
(i) means a person who requests a record to obtain information for a story or report for publication or broadcast to the general public; and
(ii) does not include a person who requests a record to obtain information for a blog, podcast, social media account, or other means of mass communication generally available to a member of the public.
(b) A governmental entity may not charge a fee for:
(i) reviewing a record to determine whether it is subject to disclosure, except as permitted by Subsection (2)(a)(ii);
(ii) inspecting a record; or
(iii) the first quarter hour of staff time spent in responding to a request under Section 63G-2-204.
(c) Notwithstanding Subsection (5)(b)(iii), a governmental entity is not prevented from charging a fee for the first quarter hour of staff time spent in responding to a request under Section 63G-2-204 if the person who submits the request:
(i) is not a Utah media representative; and
(ii) previously submitted a separate request within the 10-day period immediately before the date of the request to which the governmental entity is responding.
(6)
(a) A person who believes that there has been an unreasonable denial of a fee waiver under Subsection (4) may appeal the denial in the same manner as a person appeals when inspection of a public record is denied under Section 63G-2-205.
(b) The adjudicative body hearing the appeal:
(i) shall review the fee waiver de novo, but shall review and consider the governmental entity's denial of the fee waiver and any determination under Subsection (4); and
(ii) has the same authority when a fee waiver or reduction is denied as it has when the inspection of a public record is denied.
(7)
(a) All fees received under this section by a governmental entity subject to Subsection (3)(b) shall be retained by the governmental entity as a dedicated credit.
(b) Those funds shall be used to recover the actual cost and expenses incurred by the governmental entity in providing the requested record or record series.
(8)
(a) A governmental entity may require payment of past fees and future estimated fees before beginning to process a request if:
(i) fees are expected to exceed $50; or
(ii) after the government entity has sent an invoice, the requester has not paid fees from a previous request.
(b) Any prepaid amount in excess of fees due shall be returned to the requester.
(9) This section does not alter, repeal, or reduce fees established by other statutes or legislative acts.
(10)
(a) Notwithstanding Subsection (3)(c), fees for voter registration records shall be set as provided in this Subsection (10).
(b) The lieutenant governor shall:
(i) after consultation with county clerks, establish uniform fees for voter registration and voter history records that meet the requirements of this section; and
(ii) obtain legislative approval of those fees by following the procedures and requirements of Section 63J-1-504.[3]
Utah law stipulates that public entities respond to public records requests within 10 business days, or five business days if the request is deemed to benefit the public. According to Utah Code 63G-2-204:[2]
“
After receiving a request for a record, a governmental entity shall:
(a) review each request that seeks an expedited response and notify, within five business days after receiving the request, each requester that has not demonstrated that their record request benefits the public rather than the person that their response will not be expedited; and
(b) as soon as reasonably possible, but no later than 10 business days after receiving a written request, or five business days after receiving a written request if the requester demonstrates that expedited response to the record request benefits the public rather than the person:
(i) approve the request and provide a copy of the record;
(ii) deny the request in accordance with the procedures and requirements of Section 63G-2-205;
(iii) notify the requester that it does not maintain the record requested and provide, if known, the name and address of the governmental entity that does maintain the record; or
(iv) notify the requester that because of one of the extraordinary circumstances listed in Subsection (6), it cannot immediately approve or deny the request, and include with the notice:
(A) a description of the circumstances that constitute the extraordinary circumstances; and
(B) the date when the records will be available, consistent with the requirements of Subsection (7).[3]
”
As of May 2025, 11 states had no mandated response time. Of the 39 states with response time limits, 12 allow agencies to extend response times in certain cases, while 27 allow no exceptions. Eight states required responses in three days or fewer, 11 in five days or fewer, 13 in 10 days or fewer, and seven in 20 days or fewer.
Exemptions
Utah law exempts certain records from public access. According to Utah Code 63G-2-201:[4]
“
(2) A record is public unless otherwise expressly provided by statute.
(3) The following records are not public:
(a) a record that is private, controlled, or protected under Sections 63G-2-302, 63G-2-303, 63G-2-304, and 63G-2-305; and
(b) a record to which access is restricted pursuant to court rule, another state statute, federal statute, or federal regulation, including records for which access is governed or restricted as a condition of participation in a state or federal program or for receiving state or federal funds.[3]
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