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Utah Dep't of Public Safety v. Robot Aided Manufacturing Center5/5/2005
inconsistency with the Division's position that section 104 is triggered any time the Division is asked to "search the license files" and "furnish a report," regardless of whether the "report" that a person is asking for is a formal MVR or not. Utah Code Ann. § 53-3-104(9). Explore suggests that if the term "report" in section 104 specifically means an MVR, then it is inconsistent to argue that section 104 is triggered when the Division is asked to "search the license files" and "furnish a report" if a person is not asking specifically for an MVR.
We are able to reconcile this apparent discrepancy in the use of the term "report" because section 104's specific reference to section 53-3-109 gives the Division the authority to make rules concerning what information its "report" on a person's driving record will include. See Utah Code Ann. § 53-3-109(6)(a). Thus, once the Division's duty to furnish a "report on the driving record of person" is triggered, Utah Code Ann. § 53-3-104(9), it is then fulfilled in accordance with section 109's directive that the Division may make rules to specifically designate that the "report" it will provide in response to any request for a report on the driving record of a licensee will be limited to an MVR. Utah Code Ann. § 53-3-109(6)(a).
Our conclusion that Explore's request for information about the driving records of Utah drivers falls under section 53-3-104 and that Explore must abide by the Division's implementation of that section, must not be read to imply that GRAMA has no application whatsoever to the disclosure of information found in the Division's records. We acknowledge that GRAMA's provisions continue to apply so long as they are "not inconsistent with the [provisions of section 53-3-104]" as we have interpreted them in this opinion. Utah Code Ann. § 63-2-201(6)(b) (Supp. 2004).
CONCLUSION
We conclude that Explore's request triggers the Division's duty to "search the license files, compile, and furnish a report on the driving record of any person licensed in the state," Utah Code Ann. § 53-3-104(9) (2002), and that the specific provisions of section 53-3-104 and 53-3-109 govern and limit access to information in the Division's records concerning Utah drivers so as to preclude the application of any inconsistent provisions of GRAMA. Therefore, Explore must comply with section 53-3-104 in order to gain access to information of the sort it is requesting. It follows that the district court's judgment validating the Division's position and rejecting that of the State Records Committee is correct.
Affirmed.
Gregory K. Orme, Judge
WE CONCUR:
Russell W. Bench, Associate Presiding Judge
James Z. Davis, Judge
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