Utah Code 53D-1-701. Petition for review of director or office decision or action — Hearing examiner — Decision — Judicial review
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(1)
Terms Used In Utah Code 53D-1-701
- Board: means the board of trustees established in Section 53D-1-301. See Utah Code 53D-1-102
- Director: means the director of the office. See Utah Code 53D-1-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Office: means the School and Institutional Trust Fund Office, created in Section 53D-1-201. See Utah Code 53D-1-102
- 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
- Uphold: The decision of an appellate court not to reverse a lower court decision.
(1)(a) Subject to Subsection (1)(b), a person aggrieved by a decision or action of the director or office may, in accordance with rules adopted by the board under Section 53D-1-702, petition the board for an administrative review of the decision or action.(1)(b) A person may not petition for review of:(1)(b)(i) a decision whether to buy, sell, hold, or exchange a specific investment; or(1)(b)(ii) an action to buy, sell, hold, or exchange a specific investment.
(2)
(2)(a) The board may appoint a qualified hearing examiner to take evidence and make a recommendation for board action on the petition.
(2)(b) If the board appoints a hearing examiner under Subsection (2)(a), the board shall, in conducting its review and making its decision on the petition, consider the hearing examiner’s recommendation.
(3) In making its decision on the petition, the board shall:
(3)(a) make findings and conclusions and base its decision on the findings and conclusions;
(3)(b) uphold the decision or action of the director or office unless the board finds, by a preponderance of the evidence, that the decision or action violated applicable law, policy, or rule; and
(3)(c) inform the person who filed the petition of the person’s right to judicial review of the board’s decision.