Utah Code 63A-5b-606. Dispute resolution process — Penalties for fraud or bad faith claim
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(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the director shall make rules for the division establishing a process for resolving disputes involved with contracts under the division’s procurement authority.
Terms Used In Utah Code 63A-5b-606
- Agency: means a board, commission, institution, department, division, officer, council, office, committee, bureau, or other administrative unit of the state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, the Legislature, the courts, or the governor, but does not mean a political subdivision of the state, or any administrative unit of a political subdivision of the state. See Utah Code 63A-1-103
- 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.
- Director: means the division director, appointed under Section
63A-5b-302 . See Utah Code 63A-5b-102 - Division: means the Division of Facilities Construction and Management created in Section
63A-5b-301 . See Utah Code 63A-5b-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
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(2) The director shall consider, and the rules may include:(2)(a) requirements regarding preliminary resolution efforts between the parties directly involved with the dispute;(2)(b) requirements for the filing of a claim, including notification, time frames, and documentation;(2)(c) identification of the types of costs eligible for allocation and a method for allocating costs among the parties to the dispute;(2)(d) a required time period, not to exceed 60 days, for the resolution of the claim;(2)(e) a provision for an independent hearing officer, panel, or arbitrator to extend the time period for resolution of the claim by not to exceed 60 additional days for good cause;(2)(f) a provision for the extension of required time periods if the claimant agrees;(2)(g) requirements that decisions be issued in writing;(2)(h) provisions for an administrative appeal of a decision;(2)(i) provisions for the timely payment of claims after resolution of the dispute, including any appeals;(2)(j) a requirement that the final determination resulting from the dispute resolution process provided for in the rules is a final agency action subject to judicial review as provided in Sections 63G-4-401 and 63G-4-402;(2)(k) a requirement that a claim or dispute that does not include a monetary claim against the division or an agent of the division is not limited to the dispute resolution process provided for in this section;(2)(l) requirements for claims and disputes to be eligible for the dispute resolution process under this section;(2)(m) the use of an independent hearing officer or panel or the use of arbitration or mediation; and(2)(n) the circumstances under which a subcontractor may file a claim directly with the division.(3) A person pursuing a claim under the process established as provided in this section:(3)(a) is bound by the decision reached under this process, subject to any modification of the decision on appeal; and(3)(b) may not pursue a claim, protest, or dispute under the dispute resolution process established in Title 63G, Chapter 6a, Utah Procurement Code.(4) A fraudulent misrepresentation made by or bad faith claim pursued by a contractor, subcontractor, or supplier, may be grounds for:(4)(a) the director to suspend or debar the contractor, subcontractor, or supplier; or(4)(b) the contractor, subcontractor, or supplier to be disciplined by the Division of Professional and Occupational Licensing.