Complaint investigation manuals

Evan Anderson filed this request with the Division of Occupational and Professional Licensing of Utah.

It is a clone of this request.



From: Evan Anderson

To Whom It May Concern:

Pursuant to Utah’s Government Records Access and Management Act (“GRAMA”), I hereby request the following records:

Any manual or other guidance document used in the course of investigating a complaint and/or determining whether a licensee's conduct warrants censure. I am specifically seeking any such documentation that applies to psychiatrists, psychopharmacologists, mental health counselors, and social workers.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.


Evan Anderson

From: Carol Inglesby

Evan Anderson - As per your recent request, attached is the Division's
reply to your GRAMA records request.

Carol Inglesby
Administrative Assistant
Division of Occupational and Professional Licensing
Phone: 801-530-6626
Fax: 801-530-6511

The information contained in this electronic mail message is confidential
information intended only for the use of the individual or entity named
above and may be privileged. If the reader of this message is not the
intended recipient or the employee or agent responsible to deliver it to
the intended recipient, you are hereby notified that any dissemination,
distribution, or copying of this communication is strictly prohibited. If
you have received this communication in error, please immediately notify us
by telephone (801) 530-6628 or by reply to this message. Also, please
delete the original message. Thank you.

From: Evan Anderson

To Whom it May Concern:

This is an appeal to the rejection of my GRAMA request, copied below. The agency denied my request for the simple reason that "[t]he division has classified its policies and procedures manual as a protected record." In rejecting this request, the agency cited "Utah 63G-2-305," however did not specifically state which exemption applies to their policies and procedures manual. Further, upon reading Utah 63G-2-305, there does not appear to be anything that would reasonably exempt a policies and procedures manual from disclosure. Lastly, the type of document I am requesting is routinely provided by other agencies, including police departments, suggesting to me that there is no legitimate reason for my request to have been rejected.

Evan Anderson

From: Masuda Medcalf

Mr. Anderson,

The Utah Division of Occupational and Professional Licensing has forwarded
your appeal letter to the Department of Commerce Executive Director. I
have been assigned by the Executive Director to respond to your appeal.

I am in the process of reviewing the policies and procedures manual and the
GRAMA classifications and realize that I could use a little more time to
conduct the review, particularly since a key colleague is out of the office
this week. Our deadline to respond falls on Saturday, July 15th, which
would give us until Monday the 17th. Would you be willing to give me an
extension of two days, until the end of the day on Wednesday, July 19th?


Masuda Medcalf
Administrative Law Judge
(801) 530-7663

From: Masuda Medcalf

Dear Mr. Anderson,

Please see attached letter in response to your appeal from the denial of
your records request to the Utah Division of Occupational and Professional

Masuda Medcalf
Administrative Law Judge
(801) 530-7663