Utah Admin. Code R151-4-901 - Availability of Agency Review and Reconsideration
(1)
(a)
Except as otherwise provided in Subsection
63G-4-209(3)(c),
an aggrieved party may obtain agency review of a final order by filing a
request with the executive director within 30 calendar days after the issuance
of the order.
(b) This 30-day
deadline is jurisdictional, the three-day mailing rule in Subsection
151-4-107(3) does not apply and does not extend the jurisdictional
deadline.
(c) Pursuant to
Subsection
63G-4-102(9),
the executive director may extend the deadline only for good cause
shown.
(d) Good cause to justify an
extension means special circumstances beyond the control of the person
requesting agency review that prevents a timely filing of the
request.
(e) A decision on a
prehearing motion is not subject to interlocutory appeal or agency review until
the division enters a final order.
(2)
(a)
Agency review is not available for an order or decision entered by:
(i) the Utah Motor Vehicle Franchise Advisory
Board; or
(ii) the Utah Powersport
Vehicle Franchise Advisory Board
(b) Agency review is not available for an
order or decision entered by the Division of Professional Licensing for:
(i) Prelitigation proceedings under Title
78B, Chapter 3, the Utah Health Care Malpractice Act;
(ii) a request for modification of a
disciplinary order;
(iii) a request
under Title 58, Chapter 4a, for entry into the Utah Professionals Health
Program; or
(iv) a determination
made on an application for a division determination regarding criminal record
in accordance with Section
58-1-310.
(c) Agency review is not available for an
order or decision entered by the Division of Corporations and Commercial Code
for:
(i) refusal to file a document under the
Utah Revised Business Corporations Act pursuant to Section
16-10a-126;
(ii) revocation of a foreign corporation's
authority to transact business pursuant to Section
16-10a-1532;
(iii) refusal to file a document under the
Utah Revised Limited Liability Company Act pursuant to Section
48-3a-209; or
(iv) denial of reinstatement under the
Uniform Limited Cooperative Association Act pursuant to Section
16-16-1213.
(d)
(i) A
party may request agency reconsideration pursuant to Section
63G-4-302 for an order or
decision exempt from agency review under Subsections
R151-4-901(2)(a),
R151-4-901(2)(b)(ii),
and R151-4-901(2)(c).
(ii) Pursuant to Subsections
58-4a-105(5) and
78B-3-416(1)(c),
agency reconsideration is not available for an order or decision exempt from
agency review under Subsections
R151-4-901(2)(b)(i)
and R151-4-901(2)(b)(iii).
Notes
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