Utah Code 63G-4-301. Agency review — Procedure
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(1)
Terms Used In Utah Code 63G-4-301
- Adjudicative proceeding: means an agency action or proceeding described in Section
63G-4-102 . See Utah Code 63G-4-103 - Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Agency: means a board, commission, department, division, officer, council, office, committee, bureau, or other administrative unit of this state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, but does not mean the Legislature, the courts, the governor, any political subdivision of the state, or any administrative unit of a political subdivision of the state. See Utah Code 63G-4-103
- Agency head: means an individual or body of individuals in whom the ultimate legal authority of the agency is vested by statute. See Utah Code 63G-4-103
- 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.
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- Party: means the agency or other person commencing an adjudicative proceeding, all respondents, all persons permitted by the presiding officer to intervene in the proceeding, and all persons authorized by statute or agency rule to participate as parties in an adjudicative proceeding. See Utah Code 63G-4-103
- Person: means an individual, group of individuals, partnership, corporation, association, political subdivision or its units, governmental subdivision or its units, public or private organization or entity of any character, or another agency. See Utah Code 63G-4-103
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Presiding officer: means an agency head, or an individual or body of individuals designated by the agency head, by the agency's rules, or by statute to conduct an adjudicative proceeding. See Utah Code 63G-4-103
- 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
- Statute: A law passed by a legislature.
- Superior agency: means an agency required or authorized by law to review the orders of another agency. See Utah Code 63G-4-103
(1)(a) If a statute or the agency‘s rules permit parties to any adjudicative proceeding to seek review of an order by the agency or by a superior agency, the aggrieved party may file a written request for review within 30 days after the issuance of the order with the person or entity designated for that purpose by the statute or rule.
(1)(b) The request shall:
(1)(b)(i) be signed by the party seeking review;
(1)(b)(ii) state the grounds for review and the relief requested;
(1)(b)(iii) state the date upon which it was mailed; and
(1)(b)(iv) be mailed to the presiding officer and to each party.
(2)
(2)(a) Within 15 days of the mailing date of the request for review, or within the time period provided by agency rule, whichever is longer, any party may file a response with the person designated by statute or rule to receive the response.
(2)(b) The party who files a response under Subsection (2)(a) shall mail a copy of the response to each of the parties and to the presiding officer.
(3) If a statute or the agency’s rules require review of an order by the agency or a superior agency, the agency or superior agency shall review the order within a reasonable time or within the time required by statute or the agency’s rules.
(4) To assist in review, the agency or superior agency may by order or rule permit the parties to file briefs or other documents, or to conduct oral argument.
(5) Notice of hearings on review shall be mailed to all parties.
(6)
(6)(a) Within a reasonable time after the filing of any response, other filings, or oral argument, or within the time required by statute or applicable rules, the agency or superior agency shall issue a written order on review.
(6)(b) The order on review shall be signed by the agency head or by a person designated by the agency for that purpose and shall be mailed to each party.
(6)(c) The order on review shall contain:
(6)(c)(i) a designation of the statute or rule permitting or requiring review;
(6)(c)(ii) a statement of the issues reviewed;
(6)(c)(iii) findings of fact as to each of the issues reviewed;
(6)(c)(iv) conclusions of law as to each of the issues reviewed;
(6)(c)(v) the reasons for the disposition;
(6)(c)(vi) whether the decision of the presiding officer or agency is to be affirmed, reversed, or modified, and whether all or any portion of the adjudicative proceeding is to be remanded;
(6)(c)(vii) a notice of any right of further administrative reconsideration or judicial review available to aggrieved parties; and
(6)(c)(viii) the time limits applicable to any appeal or review.