23A-8-404. Mitigation review panel.

247 words·~1 min read·/ut/title-23a/chapter-8/23a-8-404

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2023

(1)A mitigation review panel may be convened to review:

(a)a depredation mitigation plan; or

(b)division action under Section 23A-8-405 .

(2)Membership of the mitigation review panel shall consist of:

(a)the director or the director's designee;

(i)the commissioner of the Department of Agriculture and Food or the commissioner's designee; or

(ii)a representative of agricultural interests appointed by the commissioner of the Department of Agriculture and Food; and

(c)a representative of Utah State University Extension Service appointed by the Vice President and Dean for University Extension.

(a)The director shall convene a mitigation review panel if:

(i)a landowner or lessee appeals a depredation mitigation plan under Subsection 23A-8-403(2)(b)(ii) ;

(ii)the director requests review of a depredation mitigation plan; or

(iii)the division receives a petition of an aggrieved party to a final division action under Section 23A-8-405 .

(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.

(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 .

Renumbered and Amended by Chapter 103 , 2023 General Session