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(1) Following the procedures and timelines provided in the Act, a requester or interested party may appeal an access denial to the Mayor, who shall consider, or appoint a designee to consider, the appeal in accordance with the Act.

(2) A Provo City Records Appeals Board shall be appointed that complies with the requirements of the Act.

(3) A requester or interested party may appeal a decision of the Mayor, or Mayor’s designee, under this Chapter to the City Records Appeals Board by filing a notice of appeal consistent with the Act within thirty (30) days after the earlier of:

(a) The date the City sends notice of the Mayor’s, or Mayor’s designee’s, decision; or

(b) The date on which an appeal to the Mayor, or Mayor’s designee, is deemed denied under the Act.

(4) The City Records Appeals Board’s review shall be in camera, and de novo. Members of the City Records Appeals Board may not disclose any information or record reviewed by the Board in camera unless the disclosure is otherwise authorized by this Chapter.

(5) The City Records Appeals Board shall make a determination in camera on the appeal within fifteen (15) business days of receipt of the notice. If the City Records Appeals Board fails to make a determination within this time, that failure shall be considered the equivalent of an order denying the appeal.

(6) If the City Records Appeals Board affirms the denial in whole or in part, it shall send to the appellant a written statement that the appellant may appeal the decision to the state records committee or the district court.

(Rep&ReEn 2018-20)