Utah's open-records law is among the five best in the United States, according to two good-government groups.

But that still only rates a C grade, in a class in which 38 states flunked in an examination of state freedom-of-information laws by The Better Government Association and the National Freedom of Information Coalition.

"This national study shows that in the vast majority of states, citizens have little to no recourse when faced with unlawful denial of access under their state's FOI laws," said Charles N. Davis, executive director of the coalition group. "It's a cry for reform of FOI laws nationwide."

"The Freedom of Information Act is an incredibly important tool in helping citizens understand how their government works," said association Executive Director Jay Stewart. "Just as states compete amongst each other to be the best in education, business environment and tax policy, the states should compete to be the best in responding to citizens' requests for public information, information they pay for with their tax dollars."

The two groups looked at five factors: response time, appeals, expedited review, attorney's fees and costs, and sanctions. Here are their conclusions:

1. Public records aren't really open if bureaucrats can stall on responding. Utah law calls for the government to respond within 10 business days -- or five on matters of public importance. That got Utah 3 out of 4 points.

2. If there is no appeals process, or a drawn-out one, bureaucrats can stall until issues become moot. Utah allows for appeals to go to a special committee, then to district court. That process earned it 1.5 out of 2 points.

It's a bit too leisurely. The records committee now has up to 52 calendar days, more than seven weeks, after a request is filed, to hold a hearing. Important documents can grow stale in such a span.

3. Appeals can languish in court. That's why it's important for open-records laws to allow district courts to expedite appeals. Current Utah law says courts shall decide the appeal at the "earliest practical opportunity." That rather vague standard got us 1 out of 2 points.

4. High costs can discourage requests. But citizens might be bolder if they knew that they could recover attorneys' fees and other legal costs. Seeing agencies paying such costs may deter other bureaucrats from secrecy. Utah law says courts "may" assess such fees. The report, seeing that "may" as a loophole, gave Utah 3 out of 4 points.

5. On sanctions Utah earns 4 of 4, because state law allows for bureaucrats who intentionally withhold public records to be found guilty of a misdemeanor and fined, disciplined or fired.

Overall, Utah earned 78 percent of the possible points. Only Nebraska and New Jersey did better, and only Virginia and Louisiana did as well. But a 78 on a report card would not please most parents. And Louisiana and New Jersey are not famous for good government. All in all, the report indicates that Utah could easily do better at letting the sun shine in on important documents. For instance:

• In our high-tech age, requests to see public documents can be answered quickly. We recommend the law be revised to mandate answers in five business days for personal requests, three for those made in the public interest.

• Appeals should be speedier. The law should mandate that the records committee meet within 10 days of the filing of an appeal. The law could authorize teleconference or video conference meetings to speed the process.

• The law should clearly state that appeals must be expedited in court, and provide reasonable guidelines for doing so.

• The law should mandate that attorney's fees and relevant costs be paid for a successful appellant.

• The maximum fine for intentionally blocking the release of a public document should be increased to $5,000. We trust that judges won't levy a heavy fine against a lower-level clerk who makes a mistake. But a potentially heavier slap at the wallet will get the attention of better-paid bureaucrats.

On this open-records report card, we would write: "Utah's performance is good, but the state could start earning A's in this crucial subject if it buckles down."