R20-4-4. Limited Motions to Dismiss

(1) Motions to dismiss are prohibited except as authorized by this rule. (2)(a) In any appeal to the Director challenging a governmental entity's denial of access to records because the record is not maintained by the governmental entity, the governmental entity may file a motion to dismiss the appeal without a hearing. (b) To survive a motion to dismiss, the petitioner must provide sufficient evidence that the record was maintained by the governmental entity at one time, or that the governmental entity has concealed or has improperly searched for the record. (c) Evidence that a governmental entity has disposed of the record according to retention schedules is sufficient basis to grant the motion to dismiss.