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Terms Used In Utah Code 63G-6a-1802

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Board: means the Utah State Procurement Policy Board, created in Section 63G-6a-202. See Utah Code 63G-6a-103
  • Days: means calendar days, unless expressly provided otherwise. See Utah Code 63G-6a-103
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Judicial procurement unit: means :
         (43)(a) the Utah Supreme Court;
         (43)(b) the Utah Court of Appeals;
         (43)(c) the Judicial Council;
         (43)(d) a state judicial district; or
         (43)(e) an office, committee, subcommittee, or other organization within the state judicial branch. See Utah Code 63G-6a-103
  • Legislative procurement unit: means :
         (45)(a) the Legislature;
         (45)(b) the Senate;
         (45)(c) the House of Representatives;
         (45)(d) a staff office of the Legislature, the Senate, or the House of Representatives; or
         (45)(e) a committee, subcommittee, commission, or other organization:
              (45)(e)(i) within the state legislative branch; or
              (45)(e)(ii)
                   (45)(e)(ii)(A) that is created by statute to advise or make recommendations to the Legislature;
                   (45)(e)(ii)(B) the membership of which includes legislators; and
                   (45)(e)(ii)(C) for which the Office of Legislative Research and General Counsel provides staff support. See Utah Code 63G-6a-103
  • Local government procurement unit: means :
         (47)(a) a county, municipality, interlocal entity, or project entity, and each office of the county, municipality, interlocal entity, or project entity, unless:
              (47)(a)(i) the county or municipality adopts a procurement code by ordinance;
              (47)(a)(ii) the interlocal entity adopts procurement rules or policies as provided in Subsection 11-13-226(2); or
              (47)(a)(iii) the project entity adopts a procurement code through the process described in Section 11-13-316;
         (47)(b)
              (47)(b)(i) a county or municipality that has adopted this entire chapter by ordinance, and each office or agency of that county or municipality; and
              (47)(b)(ii) a project entity that has adopted this entire chapter through the process described in Subsection 11-13-316; or
         (47)(c) a county, municipality, or project entity, and each office of the county, municipality, or project entity that has adopted a portion of this chapter to the extent that:
              (47)(c)(i) a term in the ordinance is used in the adopted chapter; or
              (47)(c)(ii) a term in the ordinance is used in the language a project entity adopts in its procurement code through the process described in Section 11-13-316. See Utah Code 63G-6a-103
  • Nonadopting local government procurement unit: means :
         (51)(a) a county or municipality that has not adopted Part 16, Protests, Part 17, Procurement Appeals Board, Part 18, Appeals to Court and Court Proceedings, and Part 19, General Provisions Related to Protest or Appeal; and
         (51)(b) each office or agency of a county or municipality described in Subsection (51)(a). See Utah Code 63G-6a-103
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Procurement: means the acquisition of a procurement item through an expenditure of public funds, or an agreement to expend public funds, including an acquisition through a public-private partnership. See Utah Code 63G-6a-103
  • Protest officer: means :
         (61)(a) for the division or an independent procurement unit:
              (61)(a)(i) the procurement official;
              (61)(a)(ii) the procurement official's designee who is an employee of the procurement unit; or
              (61)(a)(iii) a person designated by rule made by the rulemaking authority; or
         (61)(b) for a procurement unit other than an independent procurement unit, the chief procurement officer or the chief procurement officer's designee who is an employee of the division . See Utah Code 63G-6a-103
  • Public transit district: means a public transit district organized under Title 17B, Chapter 2a, Part 8, Public Transit District Act. See Utah Code 63G-6a-103
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
     (1)(a) As provided in this part:

          (1)(a)(i) a person may appeal a dismissal of an appeal by the board chair under Subsection 63G-6a-1702(5)(b)(ii)(A);
          (1)(a)(ii) a person who receives an adverse decision by a procurement appeals panel may appeal that decision;
          (1)(a)(iii) subject to Subsection (2), a procurement unit, other than a legislative procurement unit, a judicial procurement unit, a nonadopting local government procurement unit, or a public transit district, may appeal an adverse decision by a procurement appeals panel; and
          (1)(a)(iv) a person who receives an adverse decision in a protest relating to a legislative procurement unit, a judicial procurement unit, a nonadopting local government procurement unit, or a public transit district may appeal that decision.
     (1)(b) A person seeking to appeal a dismissal or decision under Subsection (1)(a) shall file a notice of appeal with the Utah Court of Appeals within seven days after the dismissal or decision.
(2) A procurement unit may not appeal the decision of a procurement appeals panel, unless the appeal is:

     (2)(a) recommended by the protest officer involved; and
     (2)(b) except for a procurement unit that is not represented by the attorney general’s office, approved by the attorney general.
(3) A person appealing a dismissal, decision, or protest under this section may not base the appeal on a ground not specified in the proceeding from which the appeal is taken.
(4) The Utah Court of Appeals:

     (4)(a) shall consider the appeal as an appellate court;
     (4)(b) may not hear the matter as a trial de novo; and
     (4)(c) may not overturn a finding, dismissal, or decision unless the finding, dismissal, or decision, is arbitrary and capricious or clearly erroneous.
(5) The Utah Court of Appeals is encouraged to:

     (5)(a) give an appeal made under this section priority; and
     (5)(b) consider the appeal and render a decision in an expeditious manner.