63A-5b-1221. Appeals panel -- Composition -- Procedures.

857 words·~4 min read·/ut/title-63a/chapter-5b/63a-5b-1221

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

Effective 7/1/2026

(1)There is created an appeals panel to resolve disputes between an LEA and the division regarding decisions made under this part.

(2)The appeals panel shall consist of three members:

(a)the executive director of the Department of Government Operations, or the executive director's designee, who shall serve as the panel chair;

(b)the school construction liaison designated under Section 63A-5b-1212 ; and

(c)a third member with relevant expertise selected jointly by the members described in Subsections (2)(a) and

(b).

(3)The third panel member described in Subsection (2)(c) :

(a)shall be selected based on expertise relevant to the specific matter under appeal, which may include:

(i)construction management;

(ii)architectural or engineering services;

(iii)building code compliance;

(iv)cost estimation and project budgeting;

(v)procurement and contracting; or

(vi)educational facility planning;

(b)may not be an employee of the LEA filing the appeal or of the division;

(c)may not have a financial interest in the outcome of the appeal; and

(d)shall be selected within 10 business days of the appeal being filed.

(4)An LEA may appeal the following division decisions to the appeals panel:

(a)denial or conditional approval of construction permits under Section 63A-5b-1218 ;

(b)denial of alternative delivery method requests under Section 63A-5b-1203 ;

(c)cost matrix determinations under Subsection 63A-5b-1205(6) ;

(d)architect and design professional fee determinations under Section 63A-5b-1204 ;

(e)enforcement actions and penalties under Section 63A-5b-1215 ;

(f)requirements for division-managed construction services under Subsection 63A-5b-1213(3) ;

(g)contractor registry determinations under Section 63A-5b-1216 ;

(h)denial of standardized design prototype modifications under Subsection 63A-5b-1204(7) ;

(i)plan review determinations under Section 63A-5b-1205 ;

(j)inspection and occupancy certificate determinations under Section 63A-5b-1208 ; and

(k)any other division decision that substantively affects an LEA's ability to complete a construction project in compliance with this part.

(5)To file an appeal, an LEA shall:

(a)submit a written notice of appeal to the division and the executive director of the Department of Government Operations within 30 days of receiving the division's written decision; and

(b)include in the notice:

(i)a description of the division's decision being appealed;

(ii)the specific grounds for the appeal;

(iii)all relevant documentation supporting the LEA's position;

(iv)the relief requested; and

(v)whether the LEA requests an expedited review due to project timeline constraints.

(6)Upon receiving a notice of appeal:

(a)the division shall provide the division's written response within 15 business days, including:

(i)the basis for the challenged decision;

(ii)all documentation supporting the division's position; and

(iii)any proposed resolution;

(b)the appeals panel shall convene within 30 days of receiving the division's response, or within 15 days if expedited review is requested and granted;

(c)the panel shall provide both parties opportunity to present evidence and argument; and

(d)the panel may request additional information from either party or from independent experts.

(7)The appeals panel shall:

(a)conduct proceedings in accordance with Title 63G, Chapter 4, Administrative Procedures Act, to the extent applicable;

(b)issue a written decision within:

(i)45 days of the initial appeal filing for standard reviews; or

(ii)20 days of the initial appeal filing for expedited reviews;

(c)include in the written decision:

(i)findings of fact;

(ii)conclusions regarding compliance with applicable statutes and rules;

(iii)the rationale for the decision; and

(iv)any conditions or requirements for implementation;

(d)provide the decision to the LEA, the division, and the state board; and

(e)publish anonymized summaries of decisions to provide guidance for future cases.

(8)The appeals panel may:

(a)affirm the division's decision;

(b)reverse the division's decision and direct specific action;

(c)modify the division's decision with conditions;

(d)remand the matter to the division for further consideration with specific direction; or

(e)extend timelines for good cause shown by either party.

(9)The appeals panel's decision:

(a)is final and binding on both the LEA and the division;

(b)may only be challenged through judicial review under Section 63G-4-401 ; and

(c)does not prevent either party from seeking emergency relief through the courts if immediate and irreparable harm would result from delay.

(10)During the pendency of an appeal:

(a)the division may not take additional enforcement action related to the subject of the appeal unless necessary to address imminent safety concerns;

(b)construction timelines and permit expiration dates shall be tolled;

(c)the LEA may proceed with construction if the division grants a stay pending appeal; and

(d)the panel may issue interim orders to preserve the status quo or prevent irreparable harm.

(11)For appeals involving highly technical or specialized issues:

(a)the panel may retain independent experts to provide technical analysis;

(b)costs of expert review shall be shared equally by the LEA and the division unless the panel determines otherwise based on the outcome; and

(c)expert reports shall be provided to both parties for review and response before the panel issues the panel's decision.

Enacted by Chapter 225 , 2026 General Session