63G-4-301. Agency review -- Procedure.

458 words·~2 min read·/ut/title-63g/chapter-4/63g-4-301

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

(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.

(b)The request shall:

(i)be signed by the party seeking review;

(ii)state the grounds for review and the relief requested;

(iii)state the date upon which it was mailed; and

(iv)be mailed to the presiding officer and to each party.

(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.

(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.

(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.

(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.

(c)The order on review shall contain:

(i)a designation of the statute or rule permitting or requiring review;

(ii)a statement of the issues reviewed;

(iii)findings of fact as to each of the issues reviewed;

(iv)conclusions of law as to each of the issues reviewed;

(v)the reasons for the disposition;

(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;

(vii)a notice of any right of further administrative reconsideration or judicial review available to aggrieved parties; and

(viii)the time limits applicable to any appeal or review.

Renumbered and Amended by Chapter 382 , 2008 General Session