63G-6a-1802. Appeal to Utah Court of Appeals.

326 words·~1 min read·/ut/title-63g/chapter-6a/63g-6a-1802·

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

Effective 5/9/2017

(a)As provided in this part:

(i)a person may appeal a dismissal of an appeal by the board chair under Subsection 63G-6a-1702(5)(b)(ii)(A) ;

(ii)a person who receives an adverse decision by a procurement appeals panel may appeal that decision;

(iii)subject to Subsection

(2), a procurement unit, other than a legislative procurement unit, a judicial procurement unit, a nonadopting local government procurement unit, or a public transit district, may appeal an adverse decision by a procurement appeals panel; and

(iv)a person who receives an adverse decision in a protest relating to a legislative procurement unit, a judicial procurement unit, a nonadopting local government procurement unit, or a public transit district may appeal that decision.

(b)A person seeking to appeal a dismissal or decision under Subsection (1)(a) shall file a notice of appeal with the Utah Court of Appeals within seven days after the dismissal or decision.

(2)A procurement unit may not appeal the decision of a procurement appeals panel, unless the appeal is:

(a)recommended by the protest officer involved; and

(b)except for a procurement unit that is not represented by the attorney general's office, approved by the attorney general.

(3)A person appealing a dismissal, decision, or protest under this section may not base the appeal on a ground not specified in the proceeding from which the appeal is taken.

(4)The Utah Court of Appeals:

(a)shall consider the appeal as an appellate court;

(b)may not hear the matter as a trial de novo; and

(c)may not overturn a finding, dismissal, or decision unless the finding, dismissal, or decision, is arbitrary and capricious or clearly erroneous.

(5)The Utah Court of Appeals is encouraged to:

(a)give an appeal made under this section priority; and

(b)consider the appeal and render a decision in an expeditious manner.

Amended by Chapter 348 , 2017 General Session