Utah Admin. Code R151-4-902 - Request for Agency Review - Transcript of Hearing - Service
(1) A request for agency review shall:
(a) comply with Subsection
63G-4-301(1)(b)
and this section; and
(b) include a
copy of the order that is the subject of the request.
(2) A party requesting agency review shall
set forth any factual or legal basis in support of that request, including
adequate supporting arguments and citation to:
(a) appropriate legal authority;
and
(b) the relevant portions of
the record.
(3)
(a) If a party challenges a finding of fact,
the party shall demonstrate, based on the entire record, that the finding is
not supported by substantial evidence.
(b) A party challenging a finding of fact
bears the burden to show that the finding is not supported by substantial
evidence.
(c) A party challenging a
legal conclusion shall support the argument with citation to:
(i) relevant authority; and
(ii) the portions of the record relevant to
the issue.
(4)
(a) If the grounds for agency review include
a challenge to a determination of fact or conclusion of law as unsupported by
or contrary to the evidence, the party seeking agency review shall order and
cause a transcript of the record relevant to the finding or conclusion to be
prepared.
(b) When a transcript is
required, the party seeking review shall:
(i)
certify that the transcript has been ordered;
(ii) notify the department when the
transcript will be available; and
(iii) file the transcript with the executive
director in accordance with the time frame stated in the certification
regarding transcript.
(c)
The party seeking agency review bears the cost of the
transcript.
(5) If a
party's grounds for agency review include any legal argument, the party shall
support the argument with specific citations to the transcript of the
proceeding, indicating when the argument was raised and preserved in the
proceeding. Examples of legal argument include:
(a) an objection to a ruling of the presiding
officer;
(b) an argument regarding
one or more procedures attendant to the proceeding; or
(c) an argument as to the legal validity,
including the constitutionality, of a statute or rule.
(6)
(a) A
party seeking agency review shall, in the manner described in Sections
R151-4-401 and
R151-4-402, file and serve on
the parties copies of correspondence, pleadings, motions, and other
submissions.
(b) If an attorney
enters an appearance on behalf of a party, service shall be made on the
attorney instead of the party.
Notes
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