63G-4-401. Judicial review -- Exhaustion of administrative remedies -- Petition for judicial review.

283 words·~1 min read·/ut/title-63g/chapter-4/63g-4-401

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

Effective 5/7/2025

(1)A party aggrieved may obtain judicial review of final agency action, as described in Section 63G-4-403 , except in actions where judicial review is expressly prohibited by statute.

(2)A party may seek judicial review only after exhausting all administrative remedies available, except that:

(a)a party seeking judicial review need not exhaust administrative remedies if this chapter or any other statute states that exhaustion is not required;

(b)the court may relieve a party seeking judicial review of the requirement to exhaust any or all administrative remedies if:

(i)the administrative remedies are inadequate; or

(ii)exhaustion of remedies would result in irreparable harm disproportionate to the public benefit derived from requiring exhaustion.

(a)Except as provided in Subsection (3)(c) , a party shall file a petition for judicial review of final agency action within 30 days after the day on which the order:

(i)constituting the final agency action is issued; or

(ii)is considered to have been issued under Subsection 63G-4-302(3)(b) .

(b)The petition shall:

(i)name the agency and all other appropriate parties as respondents; and

(ii)meet the form requirements specified in this chapter.

(c)If a party files a petition for judicial review of a final agency action resulting from a formal adjudicative proceeding within the 30-day time period described in Subsection (3)(a) , any other party to the action may file a petition for judicial review if the petition is filed within the time period permitted for a cross petition under Rule 14 of the Utah Rules of Appellate Procedure.

Amended by Chapter 190 , 2025 General Session