Utah Code 23A-8-404. Mitigation review panel
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(1) A mitigation review panel may be convened to review:
Terms Used In Utah Code 23A-8-404
- 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.
- Department: means the Department of Natural Resources. See Utah Code 23A-1-101
- Depredation: means an act causing damage or death. See Utah Code 23A-8-101
- Depredation mitigation plan: means the plan described in Subsection 23A-8-402(2). See Utah Code 23A-8-101
- Director: means the director of the division appointed under Section
23A-2-202 . See Utah Code 23A-1-101 - Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
- Mitigation review panel: means the panel created under Section 23A-8-404. See Utah Code 23A-8-101
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Wildlife: means :(61)(a) crustaceans, including brine shrimp and crayfish;(61)(b) mollusks; and(61)(c) vertebrate animals living in nature, except feral animals. See Utah Code 23A-1-101(1)(a) a depredation mitigation plan; or(1)(b) division action under Section 23A-8-405.
(2) Membership of the mitigation review panel shall consist of:
(2)(a) the director or the director’s designee;
(2)(b)
(2)(b)(i) the commissioner of the Department of Agriculture and Food or the commissioner’s designee; or
(2)(b)(ii) a representative of agricultural interests appointed by the commissioner of the Department of Agriculture and Food; and
(2)(c) a representative of Utah State University Extension Service appointed by the Vice President and Dean for University Extension.
(3)
(3)(a) The director shall convene a mitigation review panel if:
(3)(a)(i) a landowner or lessee appeals a depredation mitigation plan under Subsection 23A-8-403(2)(b)(ii);
(3)(a)(ii) the director requests review of a depredation mitigation plan; or
(3)(a)(iii) the division receives a petition of an aggrieved party to a final division action under Section 23A-8-405.
(3)(b) Within five business days of an appeal under Subsection 23A-8-403(2)(b)(ii) or a division request for review, the mitigation review panel shall review the depredation mitigation plan and approve or modify the plan.
(3)(c) A mitigation review panel shall act on a petition described in Subsection (3)(a)(iii) in accordance with rules made by the Wildlife Board under Subsection 23A-8-405(6).
(4) Judicial review of a mitigation review panel action under this section is governed by Title 63G, Chapter 4, Administrative Procedures Act.