53B-16-303 - Access to restricted records.
53B-16-303. Access to restricted records.
Notwithstanding any other provision of Title 63G, Chapter 2, Government RecordsAccess and Management Act, access to records restricted by this part shall only be permittedupon:
(1) written consent of the public institution of higher education originating, receiving, ormaintaining such records; or
(2) a finding by the State Records Committee or a court that the record has not beenproperly classified as restricted under Section 63G-2-302, provided that the review of a restrictedclassification of a record shall not include considerations of weighing public and private interestsregarding access to a properly classified record as contained in Subsection 63G-2-403(11)(b) or63G-2-404(8) or Section 63G-2-309. Nothing in this Subsection (2) shall be construed to limitthe authority of the State Board of Regents to reclassify and disclose a record of a publicinstitution of higher education.
Amended by Chapter 382, 2008 General Session