19-7-106 - In camera review -- Burden of proof. - Utah Statutes

19-7-106. In camera review -- Burden of proof.
(1) The person seeking disclosure of an environmental audit report shall request an incamera review of the audit report by a court of record.
(2) (a) If a court of record determines through in camera review that all or part of anenvironmental audit report is not privileged, the court shall order the disclosure of thenonprivileged portions of the environmental audit report.
(b) The privileged portions of the environmental audit report may not be disclosed.
(3) The person asserting the environmental self-evaluation privilege has the burden ofestablishing a prima facie case of privilege.
(4) The person seeking disclosure of an environmental audit report has the burden ofproving that the environmental audit report is not privileged or excepted pursuant to the UtahRules of Evidence, Rule 508.

Enacted by Chapter 304, 1995 General Session