Utah Code 31A-2-306. Judicial review — Costs
Current as of: 2024 | Check for updates
|
Other versions
(1) A person aggrieved by a rule or order of the commissioner, or aggrieved by the commissioner’s failure to act when he has a duty to act, may obtain judicial review.
Terms Used In Utah Code 31A-2-306
- Agency: means :(6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and(6)(b) an insurance organization licensed or required to be licensed under Section
31A-23a-301 ,31A-25-207 , or31A-26-209 . See Utah Code 31A-1-301- 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.
- Order: means an order of the commissioner. See Utah Code 31A-1-301
- Person: includes :
(146)(a) an individual;(146)(b) a partnership;(146)(c) a corporation;(146)(d) an incorporated or unincorporated association;(146)(e) a joint stock company;(146)(f) a trust;(146)(g) a limited liability company;(146)(h) a reciprocal;(146)(i) a syndicate; or(146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301(2) The court reviewing agency actions governed by this title shall give priority to those actions and shall hear and determine them promptly.(3) Costs shall be awarded as in civil cases. If the court finds that the appeal from action or inaction stemmed from the bad faith or malice of the commissioner, the court may award reasonable attorney’s fees to the prevailing petitioner. Section 63G-7-701 applies to the extent the attorney’s fees awarded under this subsection exceed $10,000 for any one appeal.